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Visa Lawyers in Colorado

Specialized Visa Types

U Visas are available to victims of criminal activity in the U.S. However, in order to apply for this visa the crime that transpired needs to be a qualifying crime. One of the most common crimes is domestic violence. The victim must have suffered significant physical or mental abuse produced by criminal activity. 

 

Applying for a U Visa can offer multiple benefits, one of the most important ones being eligibility to apply for a green card. After three years of having the U Visa, as long as the U Visa has not expired yet, you are able to apply for lawful permanent residence. You are also eligible for a waiver/pardon for any unlawful entry or some criminal convictions.

The Violence Against Women Act (VAWA) extends green cards to foreign domestic violence victims for free and without the abuser’s knowledge. In order to qualify for VAWA protection and secure a Green Card, the victim’s abuser must be a:

  1. U.S. citizen spouse or former spouse;
  2. U.S. citizen parent;
  3. U.S. citizen child;
  4. Lawful permanent resident (LPR) spouse or former spouse; or
  5. LPR parent.

 

Both male and female victims can qualify for VAWA protection and become a lawful permanent resident if these conditions are met.

At Barringer Law Firm, we specialize in immigration law – whether for yourself, a family member or loved one, or an employee, our visa lawyers are here to help. 

Visa & Immigration Assistance

There are a lot of visa types available in the United States, and our lawyers can offer expert assistance procuring all of them. Our services include assistance with:

Business and Investor Visas

Business visas allow holders to live in the U.S. while participating in tasks or activities that are not considered a job or labor. The below table outlines the business visas available in the U.S. and what is required for qualification:

In contrast to business visas, work visas allow holders to live and work in the U.S.

Visa Type Qualifying Workers
H-1B Specialty Occupations Occupation required: Theoretical and practical application of a body of highly specialized knowledge; and Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
H-2A Agricultural Workers
  • Offer a job that is of a temporary or seasonal nature.
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.”See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
H-2B Non-Agricultural Workers To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):
    • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
      • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
      • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR

    • Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

      • Traditionally tied to a season of the year by an event.

Temporary business visas are available to workers who only need to be in the U.S. for a limited time, and are not looking for immigration sponsorship.

Visa Type Qualifying Workers
B-1 Temporary Business Visa You must demonstrate the following in order to be eligible for a B-1 visa: 

  • The purpose of your trip is to enter the United States for business of a legitimate nature 
  • You plan to remain for a specific limited period of time 
  • You have sufficient funds to cover the expenses of the trip and your stay in the United States 
  • You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit 

EB visas are available to noncitizens of extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers.

Visa Type Qualifying Workers
EB-1A Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers; multinational managers and executives.
EB-2 Members of the professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.
EB-3 Skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal.
EB-4 Certain “special immigrants” including religious workers, employees of U.S. foreign service posts.
EB-5 Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full-time U.S. workers.
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