Practice Areas and Legal Definitions

Permanent Resident:
A Permanent Resident is an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a) (15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA, but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Employment Based Cases:
U.S. immigration law is consciously designed to serve the interests of both employers and workers. There are many avenues through which employers can petition for foreign-born employees. Our immigration laws protect U.S. workers by restricting employment-based immigration to persons whose skills and expertise are otherwise unavailable in the domestic workforce.

A person seeking to permanently enter the U.S. workforce through employer sponsorship is not admissible unless the Department of Labor certifies that he or she will not displace nor adversely affect the wages and working conditions of U.S. workers who are similarly employed. The employer must file an application with the Department of Labor (DOL) establishing that both of these criteria have been met.

Family Based Visas/ Fiancée Visas:
Fathers, mothers, daughters, sons, fiancés and other relatives should be able to enter the United States with either an immigrant or non-immigrant visa. There are many options that are available. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
• Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

This process can take a very long time (several years) depending upon the preference ranking. The most current online Visa Bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Fiancée Visas:
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé (e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed.  The marriage must take place within 90 days of entry into the United States.

H, L, E, Visas:
Non-immigrant work visas (H, L, O, P, Q) require a CIS-approved petition from a U.S. sponsor. Treaty-trader or treaty-investor visas (E1/E2/E3) can be applied for directly by the individual as long as he or she is from a country with which the United States has a treaty.

The most common work-related visas are H-1B Visas and L-1 Visas. The H-1B is a way to bring foreign-born professionals to the United States for a period of up to six years. A sponsor is required and the employment may only start up when the new employee is in the United States. The L-1 Visa is for people working for an employer abroad for one year in a related business entity in a manager, executive or specialized knowledge staff capacity, and who will come to the United States to continue providing services for his or her employer. Visas can include:

• B1 Temporary visitor for business
• B2 Temporary visitor for pleasure
• B1/B2 Temporary visitor for business or pleasure
• E1 Treaty trader, spouse and children
• E2 Treaty investor, spouse and children
• E3 Specialty Worker
• H1B (petition-based) Temporary worker in a specialty occupation
• H1C (petition-based) Registered nurses
• H2A (petition-based) Temporary worker performing agricultural services unavailable in the United States
• H2B (petition-based) Temporary worker performing non-agricultural services unavailable in the United States H3 (petition-based) Industrial trainee
• H4 (petition-based) Dependent of H1, H2 or H3
• L1 (petition-based) Intra-company transferee (executive, managerial, and specialized personnel continuing employment with an international firm or corporation)
• L2 (petition-based) Dependent of L1
• O1 (petition-based) Aliens with extraordinary ability in sciences, arts, education, business or athletics
• O2 (petition-based) Aliens accompanying and assisting the above in a professional capacity
• O3 (petition-based) Dependent of O1 or O2
• P1 (petition-based) Athletes and entertainers for a specific competition or performance
• P2 (petition-based) Athletes and entertainers participating in reciprocal exchange program
• P3 (petition-based) Artists and entertainers performing under a program that is culturally unique
• P4 (petition-based) Dependent of P1, P2 or P3
• Q (petition-based) International cultural exchange visitor
• TN/TD NAFTA Professional and dependent

Employment Visas/Labor Certification:
Companies that need qualified workers, but are unable to find enough U.S. workers to fill those positions, can use the labor certification process to sponsor workers from other countries. In most cases, these workers have specific medical skills, technical ability and bilingual experience and work in occupations like engineering, medicine, teaching, computer science or research.

It is critical that each application is meticulously prepared, all deadlines are met, all references are verified, data is exact and everything documented is in accordance with all current laws.  The types of immigration law work employees and employers may require can include, but is not limited to:

• PERM Application
• EB1 - National Interest Waiver, Alien Of Extraordinary Ability, Outstanding Professor Or Researcher, Multinational Executive
• EB2 - Member Of Profession Holding An Advanced Degree Or Alien Of Exceptional Ability
• EB3 - Skilled Worker Or Professional
• EB4 - Any Other Worker
• EB5 - Immigrant Investor

Naturalization:
Naturalization is the process by which a foreign person becomes a U.S. citizen. Almost everyone who goes through naturalization must first have held a green card for several years.  A naturalized U.S. citizen has virtually the same rights as a native-born American citizen.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).  The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution;
  
• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Employment Authorization:
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD:  This document proves you are allowed to work in the United States.
• Renewal EAD:  You should apply for a renewal EAD three months before your original EAD expires.
• Replacement EAD:  This document replaces a lost, stolen or mutilated EAD.  A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
• Interim EAD:  If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials.  Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document.  Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document.  Your passport and your Form I-94 (Arrival-Departure Record) prove that you may work in the United States.  Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

TN Visas:
When the North American Free Trade Agreement (NAFTA) was implemented on January 1, 1994, a category for Mexican and Canadian professionals was created to allow for temporary entry into the United States.

Under the NAFTA, Mexican and Canadian professionals are now eligible for Trade NAFTA (TN) status.  Under TN status, Mexican and Canadian citizens in certain professions may enter the United States to work for a U.S. company on a temporary basis.  Eligible professionals may also work for Mexican and Canadian companies in the United States.

In order to qualify for TN status, the applicant must be intending to be involved in a profession listed in Appendix 1603.D.1 of NAFTA and the applicant must possess the required credentials to be considered a "professional”.  In most, but not all of the listed professions, a bachelor's degree or better is usually required.  However, the list of eligible professions also includes occupations which do not necessarily require a bachelor's degree as a minimum requirement.  Examples of these occupations are management consultants, hotel managers, librarians and graphic designers. The requirements for each of these categories appear in Appendix 1603.D.l of NAFTA.

If you or someone you know needs the assistance of an experienced Immigration lawyer, call Stommes Immigration Law Office today at 866-469-0788, or complete the contact form provided on this site to schedule a consultation.

If you or someone you know needs the assistance of an experienced Immigration lawyer, call Stommes Immigration Law Office today at 866-469-0788, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Stommes Immigration Law Office
1823 Harney Street
Suite 300
Omaha, NE 68102
Phone: 866-469-0788
Hours: M-F, 9:00AM-6:00PM

MEMBERS OF THE FIRM:

Attorney Julia L. Stommes

• Jurisdictions Attorney is Licensed in: Texas
• Date Admitted to the Bar: 1993
• Colleges Attended, Degree & Year Graduated: Washington University School of Law, J.D., 1993; Southern Methodist University, B.A. History, 1990
• Professional Memberships & Achievements: State Bar of Texas; AILA- Northern California, Iowa/Nebraska and Texas Chapters

Attorney Melanie Ong

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: 2007
• Colleges Attended, Degree & Year Graduated: Golden Gate University School of Law, J.D., 2007; University of California, Davis, B.A. Economics, 2003
• Professional Memberships & Achievements: National Lawyer’s Guild; Asian American Bar Association

Attorney Shelli Harveson

• Jurisdictions Attorney is Licensed in: Texas
• Date Admitted to the Bar: 1999
• Colleges Attended, Degree & Year Graduated: University of Houston Law Center in Houston, Texas, J.D., 1999; Texas Christian University, B.A. History, 1994
• Professional Memberships & Achievements: Tarrant County Bar Association