Immigration Law

Update on 2nd Preference Employment-Based Immigration by Virtue of National Interest Waiver (NIW) (2003 No. 3)



Another Petition Approved


The Law Offices of I. Jay Fredman, P.C.  an  expert it event management tools is proudly announces that another NIW case was approved by USCIS on July 15, 2003. This newly approved I-140 Petition was initially received by the USCIS on December2, 2002. At that time the Petitioner was represented by another attorney who is not associated with the Law Offices of I. Jay Fredman, P.C. The USCIS issued a notice requesting additional evidence on March 27, 2003. After a consultation session, the Petitioner retained our law office to represent her on April 8, 2003.

Chinese Physician-Scientist Supported

The Petitioner, from China, is a research scientist working in the combined fields of reproductive endocrinology, infectious disease, and pharmacology. She has been conducting research in Maryland as an independent research scientist (contractor) since late 1999, and her research has been contracted and thus funded by a U.S. Government agency. On June 13, 2003, the Law Offices of I. Jay Fredman, P.C., with Mi Puyang as the attorney of record, submitted a well-drafted legal brief of 22 pages with carefully-screened and highly defined supporting documentation, including award certificates, publications, professional membership evidence, testimonial letters, and the documentary evidence as a result of the attorney’s diligent and skillful research.

It is noteworthy that this Petitioner has been conducting research in the U.S. since 1996. As an outstanding physician-scientist, she worked at the NIH for about 4 hears before she became an independent research scientist. REpresented by the same previous attorney, she submitted her first I-140 petition via Extraordinary in 2001. It was eventually denide3d by USCIS in 2003 after failing to satisfy the USCIS request for additional evidence. In short, this Petitioner’s journey to becoming a lawful permanent resident of the U.S. was beset with problems.

We are very proud that we finally brought an end to the arduous process for this Petitioner. Now she and her family members are peacefully waiting for their USCIS to adjudicate their I-485 applications. We highly appreciate her trust and the decision to retain the Law Offices of I. Jay Fredman, P.C. to represent her in achieving her objectives.

In addition, according to USCIS’ processing time published on June 15, 2003, it has been adjudicating NIW petitions received on May 22, 2002. However, this information is not strictly accurate, since one or our clients’ I-140 Petition, received by USCIS on May 6, 2002, is still pending. We sincerely hope that USCIS can speed up its slow and daunting review process, which would be beneficial to all U.S. citizens who stand to benefit to from our clients’ continued work in the United States.

We thank you for the opportunity to represent you in your immigration matters. We also thank you for your continued s8upport for our quality legal services. We are committed to our best effort in achieving your objectives.


Employment Based US Visas

U.S. immigration law is one of the most complicated areas of law and changes constantly. Attorney Frank Stanczak is a seasoned immigration attorney who handles all areas of immigration, including employment based U.S. visas in L1A, H1B, EB5, TN and P1 categories. He represents clients in matters involving all types of employment based visas.

Attorney Frank Stanczak: Requirements for H1B and L1A Employment Visas

The H1B visa is a temporary work visa for foreign workers with a job opportunity in a specialty occupation in the United States. A specialty occupation is one that requires specialized knowledge and either requires work experience or a bachelor’s degree. Typically, it includes positions in mathematics, architecture, medicine, education, law, accounting and more. Applicants must also meet character and health requirements.

Like an H1B visa, an L1 visa is a temporary work visa. Specifically, it is for key employees of a foreign company to be transferred to the United States to continue their work with their employer. Often, it is used for employees who need to establish a subsidiary or branch of the company. Applicants must hold a managerial, executive or key position in the company and must be employed for at least one year.

Requirements for EB5, TN and P1 Employment Visas

The EB5 green card is a visa that provides legal permanent residence in the United States to foreign entrepreneurs and investors who can afford to invest in a commercial venture. Requirements of the venture include one that will create a minimum of 10 full-time employment jobs within two years. Generally, an investment of at least $1,000,000 is required.

A TN visa is a temporary work visa for citizens of Mexico or Canada who have a job offer in a professional field. It includes professional positions, such as scientists, medical workers, engineers, teachers and attorneys.

The P1 visa is a temporary work visa for internationally recognized entertainers or athletes to perform at a U.S. function. Requirements include having a skill that is recognized in more than one country. Plus, applicants are required to have a U.S. agent sponsor their trip to the country.

If you need assistance with any of these types of visas, be sure to contact attorney Frank Stanczak.

Employment/Family Based Green Cards


Immigrants to the United States may be eligible for employment-based green cards based on meeting set criteria. Attorney Frank Stanczak is an immigration attorney who can assist you with meeting the criteria and filling out the required paperwork. He has years of experience helping people in different occupational categories get a green card.

You may be eligible for an employment-based, first-preference green card if you can demonstrative that you are an outstanding researcher, professor, manager or multinational executive. For each category, there is documentary evidence that much be shown. For example, those seeking U.S. employment visas based on claiming that they are an outstanding researcher or professor must provide documentation in three of the following 10 areas on the following list: original scholarly research contributions in the claimed field

  • Major awards for outstanding achievement
  • Published material in professional publications
  • Authorship of scholarly books
  • Participation in panel judgment of the work of others in the same academic field
  • Original scientific research contributions in the field
  • Membership in professional associations requiring outstanding achievement
  • Internationally recognized awards for excellence
  • Published material in major trade magazines
  • Original scholarly contributions that are of major significance
  • Performance of a critical role in distinguished organizations

Other Employment Preferences: EB 2 through EB5

In total, there are five preference green cards for employment. The second-preference green card includes the sub-categories of advanced degree, exceptional ability and national interest waiver. Each sub-category has its own requirements. To qualify for an second employment preference, applicants need to have their employers file a Form I-140, which is a Petition for Alien Worker.

The family of EB-1 through EB-5 green card holders may be admitted into the United States with an E-21 and E-22 immigration status. And when you’re applying for permanent resident status, your spouse may be eligible to file for an Employment Authorization Document.

As you can see, employment-based green cards are complex, and each step in filing must be properly executed. If you’re seeking E1 through E5 employment green card, turn for legal help from attorney Frank Stanczk. He’ll help you navigate the process.

As a Canadian Should I Apply for a TN Visa or H1B visa?


Canadians face unique dilemmas when deciding which visa category to choose when working in the United States. One such dilemma is whether to enter the United States as a TN NAFTA professional, or, as an H1B temporary worker. If you find yourself with this dilemma, you are in a very good position. This article discusses both TN NAFTA status and H1B status for Canadians. The following chart is meant to give a simple side by side comparison of both immigration categories.

  TN NAFTA Status H1B Temporary Workers
Application Time Immediate Border Processing Varies from 2 – 6 months
Length of Stay One (1) to three (3) year increments One (1) to three (3) year increments
Maximum Period of Stay Unlimited Renewals Generally a max of six (6) years
Renewals TN visas can be renewed at the Border or by mail through a service center. Renewals can only be processed by a service center.
 Available Professions Restricted to the professions listed on the NAFTA TN Professions list.


  Must be a specialty occupation.
Education Required Depends on the profession. Some require the attainment of advanced degrees and others do not require the attainment of a degree. Experience cannot be a substitute for education. Requires the attainment of a Bachelor’s degree or higher in a specialty related to the employment being sought. Experience can be a substitute for education. 
Experience Required Depends on the profession. Some require no years of experience, other require several years of experience. No experience required unless specified by the employer or customary for the position being filled.
Wage Requirements None H1B workers must be paid the higher of the prevailing wage as determined by the U.S. Department of Labor (DOL), or, the actual wage paid by the employer to employees in similar positions. Obtaining a prevailing wage from the DOL takes about 30 days.
Labor Condition Application None A Labor Condition Application (LCA) must be filed by the employer with the U.S. Department of Labor. This process generally takes 7 business days.
Public Access File None A Public Access File (PAF) must be kept on file for review by request with evidence that all labor and employment conditions have been complied with.
U.S. Government Filing Fees  A nominal processing fee is charged at the Port of Entry, around $56 USD. Fees can vary from $1,575 USD up to several thousand USD.

As detailed in the above chart, there are many things to consider when deciding whether to work as a TN NAFTA professional or an H1B temporary worker. In most cases, Canadians who qualify for TN NAFTA status save substantial time and money by choosing to work on a TN versus an H1B. If you are a Canadian faced with the dilemma of which visa category is best for your situation, contact us today to see how we can help you.

Immigration Lawyers in Park Place West South Carolina 29169 – Contact Naturalization Attorneys In Lexington County, SC

Immigration Lawyers in Park Place West South Carolina 29169 

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Are you an immigrant preparing to settle down in the United States as well as become its local? You should discover an immigration attorney to suggest you on exactly what needs to be done. For an immigrant to settle down in any sort of nation it is essential for them to know all the lawful subtleties related to immigration. An immigration attorney is the very best person to provide you advice and also overview you in the proper way for doing everything appropriately. Your immigration legal representative will be your legal rep that will help you in settle in a nation.

Discovering an immigration legal representative that can help you out is not at all a hard procedure. The internet is the very best source for you to figure out the very best and even one of the most capable immigration attorney. The web is a warehouse of info and also it is all around you to make use of the information in the very best possible way. You could search for immigration legal representatives from an attorney directory. Likewise you could discover an excellent immigration lawyer by speaking with individuals which have already made use of the services of the lawyer. Make sure you employ the services of the most effective immigration legal representative.

Locating the ideal Immigration Legal representative in Park Place West, SC could make or crack your case

There are several problems that need to be looked after when you would like to arrive to United States. Some of the issues that need to be looked after are legal rights of immigrants, duties of immigrants and even commitments if there are any kind of for immigrants. The my job of the immigration lawyer is to basically make their customers naturalized citizen of the United States. It is the duty of the legal representatives to make certain that their customers are totally mindful as well as have comprehensive knowledge regarding just what they are supposed to do, exactly what they are not intended to do and also exactly what civil liberties they have in the country as immigrants staying there.

It is not a downright need to hire the solutions of attorney, yet it always much better to hire attorney’s services so you can have a clear picture about your rights as well as duties. Basically the attorney will certainly be able to aid you out with everything lawfully related to the issue of immigration.

Utilizing this info you can find the best immigration lawyer in Lexington County

If you hire a great immigration lawyer, your life will certainly end up being a great deal less complicated. Excellent lawyers could aid you with the paperwork as well as the research, yet most significantly, you’ll have some much-needed support in case you run into some complications.


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If you do make a decision to employ a legal representative, you have to put in a reasonable little research and also keep your ears and even eyes open during. There many perks of working with an excellent lawyer, such as support if you acquire stuck somewhere. Good immigration legal representatives recognize their means around the system; they know all the loopholes so they could quickly steer your instance through them as well as acquire your immigration approved.

All the same, when you do start searching for attorneys, make certain you recognize your situation rather well as well as prepare to provide the legal representative with all the needed details and even papers. Apart from that, here are some things that you must keep in mind. When you are seeking an excellent attorney, ask your close friends, family members, and even coworkers if they know any. Even if they don’t know any type of lawyers straight, they will know someone which will. References are a superb means to discover excellent immigration legal representatives, as well as are also an excellent way to obtain better prices and also added assistance. Additionally, they can tell you which legal representatives to prevent, making your life a lot simpler. Make certain you do some background study on the referred legal representative.

You can also look for an excellent immigration legal representative on the American Immigration Legal professional Organization website. Also though not all immigration attorneys are registered AILA members, this is a great indication of the encounter and even quality of the attorney.

It’s essential that you have the best immigration attorney in Park Place West, SC 29169

Begin speaking to them once you have a list of lawyers put together. Ask them regarding their experience and also whether they have worked on situations just like your own. You want to discover as well as shortlist legal representatives that have considerable encounter of situations like your own because that would certainly improve the chances of the effective resolution of your situation. Experienced lawyers recognize which loophole they could utilize to obtain your immigration approved. Ask them for client referrals and also talk to a few of their clients to view exactly how they function.

Some fee hourly rates, while others ask for a flat charge so make sure you understand exactly how these prospects charge. Make sure you ask them about added prices such as messenger charges as well as also if they will charge you for telephonic discussions.


You could surf for immigration lawyers from an attorney directory site. You could discover an excellent immigration legal representative in by talking to individuals which have actually already utilized the solutions of the attorney. It is not an absolute need to hire the services of attorney, however it consistently a lot better to employ lawyer’s services so you could have a clear photo about your responsibilities and civil liberties. In any sort of instance, when you do start looking for legal representatives, make sure you comprehend your situation rather well as well as be all set to give the attorney with all the needed info and also records. Even though not all immigration lawyers are registered AILA members, this is an excellent indicator of the dealing with and top quality of the lawyer.




One of the most desired and difficult to obtain immigration benefits is legal permanent resident (green card) status through employment. Approximately 140,000 immigrant visas are available each fiscal year for foreign nationals who seek to immigrant to the United States based on their job skills. For most immigrants, this route requires a U.S. employer “sponsor.” Depending on the skills, education, occupation and nationality of the foreign national, this process can be relatively quick (as little as several months) or fairly long (many years) and is rife with complexities, technicalities and strict requirements. Gleason Immigration Law can advise companies on the best approaches for obtaining an employment-based green card for their foreign employees based on each employee’s circumstances and experience.


Most employment-based green card applications consist of three stages.

  • STAGE ONE: Attorney Gleason will work closely with the sponsoring employer and its employee to determine the appropriate visa preference category for the employee, obtain a prevailing wage determination, test the regional labor market to demonstrate that here are no U.S. workers available to take the position, and timely file the ETA Form 9089 (PERM) labor certification with the U.S. Department of Labor.
  • STAGE TWO: Upon PERM approval, Attorney Gleason will prepare and file an I-140 Immigrant Visa petition with USCIS.
  • STAGE THREE: If the I-140 is approved and the employee’s priority date is current, Attorney Gleason will work with foreign national to prepare and file for Adjustment of Status with USCIS, if already in the United States, or Consular Processing at a U.S. Consulate if living abroad.


Processing times for each stage vary and are based on the foreign national’s permanent worker visa preference category and place of employment within the United States. The five employment-based immigrant visa preference categories are listed below:

First Preference (EB-1):

This preference is reserved for (a) persons of extraordinary ability in the sciences, arts, education, business, or athletics, (b) outstanding professors or researchers, and (c) multinational executives and managers. Individuals who qualify under the EB-1 category can avoid the labor certification process.

Second Preference (EB-2):

This preference is reserved for professionals holding advanced degrees or persons with exceptional ability in the arts, sciences or business. EB-2 applicants must go through the labor certification process, unless the applicant can get a national interest waiver.

Third Preference (EB-3):

This preference is reserved for professionals, skilled workers and other workers. A labor certification is required.

Fourth Preference (EB-4):

This preference is reserved for “special immigrants,” including religious workers, employees of U.S. foreign service posts, retired employees of international organizations, foreign national minors who are wards of the U.S. courts and other classes of aliens. No labor certification is required.

Fifth Preference (EB-5):

This preference is reserved for business investors who invest $1,000,000 or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.