OUR IMMIGRATION SERVICES
As a leader in the field, our primary goal is to provide the highest level of immigration advice and legal services to our clients. Our immigration practice focuses on three main areas: temporary and permanent immigration to the United States; employment-related compliance; and deportation and removal defense. We provide legal assistance, aggressive immigration defense and genuine support to individuals, families and employers facing any type of immigration issue. We also pride ourselves on providing proactive and strategic advice, and on being accessible and responsive to our clients.
IMMIGRANT VISAS
FAMILY BASED Immigration
US immigration law allows for the immigration of foreigners to the United States based on their relationship to a US citizen or legal permanent resident (green card holder).
- Related or Engaged to a U.S. Citizen
- Related to a Lawful Permanent Resident
- Other Relatives
US citizens may sponsor their spouses, parents, children, brothers, and sisters. Permanent residents may petition for their spouses and children. The sponsored relative becomes eligible to have his or her immigrant visa or Green Card application processed only if the visa petition is approved.
Family based immigration falls under two basic categories: unlimited and limited.
Unlimited Family-Based
- Immediate Relatives of US Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a US citizen, and the parent of a US citizen who is 21 or older.
Limited Family-Based
- Family First Preference (F1): Unmarried sons and daughters of US citizens, and their children, if any. (23,400)
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least 77 percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
- Family Third Preference (F3): Married sons and daughters of US citizens, and their spouses and children. (23,400)
- Family Fourth Preference (F4): Brothers and sisters of US citizens, and their spouses and children, provided the US citizens are at least 21 years of age.
The petitioning US citizen or legal permanent resident (green card holder) must submit an immigrant petition to the appropriate US Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service) office. Once the USCIS approves the petition, they will send the petitioner a notice of approval. The USCIS will also forward the approved petition to the National Visa Center of the US Department of State, which will contact the intending immigrant with further information.
If you have any questions about how we may assist you and your family, please contact Managing Partner Dae Hyun Michael Chung at mchung@chungassoicate.com
EMPLOYMENT BASED Immigration
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
- First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of employment immigration categories (see below).
- Second, most employment categories require that the US employer complete a labor certification request (Form ETA 9089) for the applicant, and submit it to the US Department of Labor (DOL)’s Employment and Training Administration. DOL must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the US Department of Health and Human Services are relieved from this requirement. You may wish to read more about this program.
- Third, US Citizenship and Immigration Services (USCIS, formerly INS) must approve an immigrant visa petition (Form I-140, Petition for Alien Worker) for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
- Fourth, the US Department of State (DOS) must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the DOS’ Visa Bulletin.
- Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. You may wish to read about application procedures on becoming a permanent resident while in the United States. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local US consulate office.
Eligibility
There are five categories for granting permanent residence to foreign nationals based on employment skills.
- EB-1 Priority workers:
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
- Foreign national that are outstanding professors or researchers
- Foreign nationals that are managers and executives subject to international transfer to the United States
- EB-2 Professionals with advanced degrees or persons with exceptional ability:
- Foreign nationals of exceptional ability in the sciences, arts or business
- Foreign nationals that are advanced degree professionals
- Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved
- EB-3 Skilled or professional workers:
- Foreign national professionals with bachelor’s degrees (not qualifying for a higher preference category)
- Foreign national skilled workers (minimum two years training and experience)
- Foreign national unskilled workers
- EB-4 Special Immigrants:
- Foreign national religious workers
- Employees and former employees of the U.S. Government abroad
- EB-5 Immigrant Investors
If you have any questions about how we may assist you and your family, please contact Managing Partner Dae Hyun Michael Chung at mchung@chungassoicate.com
INVESTMENT BASED Immigration
- EB-5 Immigrant Investors:
This category is comprised of investors who will create at least 10 US jobs by investing in a new commercial enterprise benefiting the US economy. The minimum required investment is $1 million, though it may be as little as $500,000 if the investment is in a rural area, or an area of high unemployment. To avoid fraud, investors are accorded only conditional permanent residence status for two years, after which a review of the investment will be undertaken.
If you have any questions about how we may assist you and your family, please contact Managing Partner Dae Hyun Michael Chung at mchung@chungassoicate.com
NONIMMIGRANT VISAS
- B-1 visa for Business visitors, Domestic Employee.
- O-1/2 or P-1/3 Visa for Persons with extraordinary ability in Sciences, Arts, Education, Business or Athletics
- E-1/E-2 Visa for Treaty Trader/Investor
- E-3 Visa for Australian specialty workers
- H-1B Employment based visa
- H-3 Trainee visa
- I-visa for Journalists & Members of the Media
- J-1 visa for Exchange Visitor, Academics, Au-pairs, Interns
- L-1 visa for Intra-company transferees
- R-1 visa for Religious Workers
- TN (Treaty National) visas under North American Free Trade Agreement (NAFTA)
If you have any questions about how we may assist you and your family, please contact Managing Partner Dae Hyun Michael Chung at mchung@chungassoicate.com
NATURALIZATION / CITIZENSHIP