Muston and Jack PC is a top immigration law firm with offices in San Jose, San Francisco and Pasadena, California. With over 30 years of combined experience, we thrive to help you acquire your immigration status, at a reasonable rate and with the confidence that our legal team will provide you with personalized attention.
If you have been a US Permanent Resident for at least 5 years or 3 years if married and living with a U.S. Citizen spouse and it is your desire to become a Naturalized U.S. Citizen, don't hesitate to contact us and schedule an initial consultation.
We will take the time to explain you the Naturalization process to become a US Citizen, the basic requirements to help you prepare for your Citizenship test and see you at the Oath Ceremony, obtain your Naturalization Certificate.
Non immigrant work visas are intended for professional workers who have a contract with a US employer.
There are several types of non-immigrant work visas. While most are suitable only for a temporary basis, some allow the beneficiary to seek the permanent residence in the US.
H-1B is the Non-immigrant worker status that is made available to U.S. companies to hire individuals from foreign countries to fill professional level jobs.
Only 65,000 visas are issued every year (known as "H-1B Cap") during the government fiscal year which runs from October 1st, to September 30th each year.
Individuals holding professional degrees, like Bachelors' or equivalent, Masters or PhD and who also have a job offer in the United States in a specialty career. For individuals with Master’s degrees earned at an American university, there is an additional 20,000 visas that are also issued under a separate quota. Although companies are given the opportunity to reserve the visas for their prospective employees beginning April 1st of every year, The first issuance of H-1B status does not actually take effect until October 1st.
The TN visa is a product of the North American Free Trade Agreement (NAFTA), entered into between the U.S.A., Canada, and Mexico on December 17, 1992. One of the aims of NAFTA was to ease the movement of business/professional persons between the three countries. The TN visa is exclusive for Canadian and Mexican professionals. The TN application process is filed if the employer is the petitioner while the foreign professional worker is the beneficiary. The foreign worker must possess at least a bachelor's degree or the equivalent.
There's no limit on the number of years the worker can remain in United States, but the TN visa has to be renewed every 3 years.
There is no numeric yearly quota or limitation to TN Visa holders, which does indeed provide benefits to Canadian and Mexican nationals who qualify. These nationals, with a properly prepared TN petition, can either take a TN petition to Consular Process or, if you are already in the U.S., can file a Change of Status petition without having to leave the U.S., assuming of course all requirements of eligibility are met.
SOCIAL AND HUMAN CAREERS / ENGINEERING
MEDICAL/ALLIED PROFESSIONALS
SCIENTIST
TEACHERS
The O-1A visa is a non-immigrant visa designated for foreign individuals who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability.
The O1B is for individuals who have a demonstrated record of extraordinary achievements in motion picture and/or television productions and who are coming temporarily to the United States to continue work in the area of extraordinary achievement.
Spouses and children of the O-1 visa holder may obtain an O-3 visa to enter and remain in the US. The O-3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
Accompaning personnel can qualify as an O-2 support crew.
The P1 visa is a non-resident visa designated for entertainers, circus artists, and athletes who are coming to the US temporarily to perform at a specific competition or event. An athlete who wishes to remain in the US for a longer period of time should apply for an O1 visa.
Internationally recognized athletes or athletic teams entering the US to participate in an event of international standing entertainers and entertainment companies recognized internationally as outstanding to tour the US or participate in events distinguished circus artists who wish to work in the US.
P1Visa: is a classification accorded to individual athletes and group entertainers, as well as their essential support personnel, who have accomplished international notoriety over a sustained period of time, (subject to the special regulatory provisions which provide a limited exception for entertainment groups that have managed to garner sustained national notoriety as opposed to international notoriety where there might be limited access to news media or consequences of geography that would make it difficult to acquire international recognition.
P2 Visa: is issued to artists or entertainers, individually or as a group, as well as their essential support personnel, who will be performing under a reciprocal exchange program which is between an organization or organizations in the United States, which may include a management organization, and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers.
P-3 Visa: is a classification that may be accorded to artists or entertainers, individually or as a group, as well as their essential support personnel, coming to the United States for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance presentation.
The P-4 Visa Classification is issued to immediate relatives of P1, P-2, and P-3 Visa holders who are accompanying or following to join the principal alien, but they are not afforded any right to be employed while in the United States while holding such visa status.
The E-3 visa is a non-immigrant visa status that allows citizens of Australia to work in the United States for periods of 2 years in a specialty occupation, which can be renewed indefinitely. Unlike the H1B and TN visa, the E-3 visa allows the spouse of the applicant to get employment.
Any Australian citizen who holds a bachelor's or higher degree (or its equivalent) and has a specialty job offer in the United States that requires that specific degree, can qualify for the E3 visa.
You cannot apply for the visa, but you can change your visa status to E-3 while in the United States on another visa type. It is important to note that in order to change your status to E-3 you must enter the United States with a Visa (it can be a Visitor Visa, Student Visa, J1, or other legal status) and not under the visa waiver program. It is also necessary to have an Australian passport.
If you are present in the United States under the Visa Waiver Program, you must apply for the E-3 visa through a foreign US Consulate. If for any reason you cannot travel back to Australia you can apply for the visa at a US Consulate in Canada, but please note that sometimes it takes several weeks to get an appointment and this process is not guaranteed.
Yes, in order to qualify for the E-3 visa a US employer must file a Labor Condition Application (LCA) on your behalf. The duration of your visa is determined by the duration of the LCA. Your E-3 visa status can be renewed indefinitely as long as the applicant has the intent to go back to Australia at some point.
Yeah, each fiscal year (starts on October 1st of each year) there's a limited number of 10,500 E-3 visas. Spouses and children of applicants do not count against the annual quota.
No. Federal Laws in United States require a marriage certificate in order to apply as an E-3D (Dependant). Same-sex civil partnerships or unions are not recognized as E-3D and they must apply separately for their own E-3 status.
No. The E-3 visa is valid for only one employer.
Yes, you may change employers, but the new position must still be in the specialty occupation related to your degree. Your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less. For a change of E-3 employer within the U.S., the individual does not need to reapply for a new E-3 visa, but needs to submit a change of employer petition to USCIS. An E-3 change of employer petition is counted against the annual E-3 cap.
United States of America is the most important global market and has commercial trade and business operations with mostly every country of the world.
Being such an important and strategic Nation to establish business with, foreign corporations, investors and entrepreneurs immigrate every year to conduct operations, trade, open offices, branches of their companies. Even after the recent economic downturn, the recovery is starting to bring fresh capital to the US and new business opportunities.
Every year, the United States holds billions of commercial trading transactions with many countries in the world. Some countries are considered "Strategic Partners" and have treaties with the US in navigation, friendship and exchange of goods and services.
Nationals of the listed countries can apply for an E1 visa to conduct significant business and trading with their country of origin and the US. The more substantial the trading, the most likely is to get the E1 visa approved.
| Argentina | France | Netherlands |
| Australia | Germany | Norway |
| Austria | Greece | Oman |
| Belgium | Honduras | Pakistan |
| Bolivia | Iran | Philippines |
| Brunei | Ireland | Spain |
| Canada | Israel | Suriname |
| China (ROC) | Italy | Sweden |
| Colombia | Japan | Switzerland |
| Costa Rica | Korea | Thailand |
| Denmark | Latvia | Togo |
| Estonia | Liberia | Turkey |
| Ethiopia | Luxembourg | U.K. |
| Finland | Mexico | Yugoslavia |
The E-2 "investor visa" is available to an applicant who invests a substantial amount of his own money into a U.S. business that he or she can control and direct. The investment can be to purchase an existing business or to startup a new one. Our immigration lawyers provide more than 30 years of combined experience helping foreign investors establish legal business footholds in locations throughout the United States.
The E2 visa is designed for aliens engaged in international investment between the United States and the aliens’ country of nationality. E2 visa holders must make an active and substantial investment as well as perform an essential role in the enterprise that results in the creation of job opportunities for US workers. There is no set amount an E2 visa holder must invest as it depends on the type of enterprise. The E2 visa is initially valid for two years and may be extended indefinitely.
| Albania | Latvia |
| Argentina | Liberia |
| Armenia | Luxembourg |
| Austria | Macedonia |
| Bangladesh | Mexico |
| Belgium | Moldova |
| Bosnia | Mongolia |
| Bulgaria | Morocco |
| Cameroon | Norway |
| Costa Rica | Oman |
| Canada | Pakistan |
| Colombia | Panama |
| Congo | Philippines |
| Croatia | Poland |
| Czech Republic | Romania |
| Ecuador | Senegal |
| Egypt | Slovakia |
| Estonia | Slovenia |
| Ethiopia | Spain |
| Finland | Sri Lanka |
| France | Suriname |
| Germany | Sweden |
| Grenada | Switzerland |
| Georgia | Taiwan |
| Honduras | Thailand |
| Iran | Togo |
| Ireland | Trinidad & Tobago |
| Italy | Tunisia |
| Jamaica | Turkey |
| Japan | Ukraine |
| Kazakhstan | United Kingdom |
| Kyrgyzstan | Zaire |
| Korea (South) |
The E-2 "investor visa" is valid for periods of 2 years with unlimited extensions that need to be filed in order to keep the E-2 visa current, so, there is no specific period of time that a beneficiary and his/her family may remain in the U.S., as long as there is an ultimate intention to depart, as opposed to intending to pursue an immigrant visa (green card). For the E-2 visa, there is actually no requirement to even show a foreign residence.
No. The E-2 regulations require that the investment that is being made into the U.S. be considered “at risk.” For example, applicable regulatory language indicates specifically that stocks and undeveloped land are passive investments and thus fail to satisfy the appropriate regulations. In determining which investments satisfy this criteria one must ask whether the investment is subject to partial or complete loss if the investment does not succeed.
No. Although a business plan is an important part of an E-2 visa petition, for a new company, it is insufficient to indicate a future intent to invest a particular sum of money. As provided by applicable regulatory language, uncommitted funds are not considered sufficient even if proof of these funds are shown to exist in a bank account. In order to satisfy the E-2 visa standards, the funds have to be irrevocably committed to the new enterprise.
The regulations do make it clear that placing funds into an escrow account (a common type of third party holding account in the U.S.), will be considered satisfactory. So the way this could help is that a person could place their investment amount into an escrow account which irrevocably commits funds to a particular purpose, e.g. the purchase of office space or a store front, as long as a specific contingency is satisfied, such as being granted the E-2 visa. This provides a legal mechanism by which the investor can show that funds have been irrevocably committed, while it protects the investor’s money in case the E-2 visa is not granted, as the funds are then returned due to the failure to satisfy the contingency.
No. Many people confuse the E-2 visa process with the EB-5 green card investment category. The EB-5 green card category is an immigrant visa petition which, if approved, provides the investor with Legal Permanent Residence.
For the E-2 visa a substantial investment amount is required. The regulatory language does not provide a specific dollar amount, as opposed to the EB-5 category, however they do provide a test that is to be used. This test is termed the relative/proportionality test and considers the following elements:
(i) Whether the capital investment is substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise under consideration;
(ii) Whether the capital investment is sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and
(iii) Whether the capital investment is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. Generally, the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered a substantial amount of capital.
Unfortunately, inheriting a business in the U.S. does not qualify as an investment for E-2 purposes, however, inherited funds can be used to in turn invest in establishing a U.S. commercial enterprise for E-2 purposes.
Per the regulatory language, a commercial enterprise is not allowed to be marginal in nature. What this means is that a qualifying E-2 commercial enterprise will have the capacity to generate more income for the investor and family then merely an amount required to live. Accordingly, whether the investment will create future job opportunities, and whether the enterprise will generate sums of money far above that which could be considered a living wage are important factors.
Yes, assuming that the person being appointed is of the same nationality as the treaty employer and is either (1) an Executive or Supervisor or (2) an Essential Employee.
Pertinent regulatory language provides that the position needs to be “principally and primarily” as opposed to merely “incidentally or collaterally” executive or supervisory in nature. The following considerations must be taken into account when determining whether the position satisfies the requirements:
To be considered an essential employee the person must show that they have a particular proven degree of expertise in the particular job duties required by the enterprise and that those duties are very specific in nature, thereby supporting the need for the particular persons abilities.
The L1A visa is for executives with specialized managerial responsibilities of multinational companies who are being transferred from an office overseas to a US office. The visa may also be used by a manager or executive to open a new affiliate, branch or subsidiary office in the US. The L1A visa is initially valid for three years (or one year for new offices) and can be extended to a total stay of seven years. There is no prevailing wage requirement for the L1A visa.
Although the L1A visa was designed for large multinational corporations, it may also be used by smaller companies with needs to send upper level personnel to the United States.
A petitioner that meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:
The L-1B visa is suitable for special knowledge employees who have a detailed understanding of the company's products and services, as well as the international markets for their products and / or services. Also, the L1B beneficiary can have advanced knowledge of procedures and operations of the company, or demonstrate extensive experience with software or proprietary technologies that can only be obtained through years of experience with the employer. The L1B visa is initially valid for three years (or one year for new offices) and can be extended to a total stay of five years.
A petitioner that meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:
The work immigrant visa, also known as the 'Green Card' is an immigration status that grants permanent residence in the US to qualified workers.
The process to obtain a work immigrant visa varies depending on the qualifications of the individual who is seeking permanent residence. There are 5 main categories which lead to the 'green card'. Each category has alloted a limited number of immigrant visas available for each Fiscal Year. In some categories, depending on the nationality of the beneficiary, the 'waiting list' in order to obtain a 'green card' can take many years.
The Relative immigrant petition and Adjustment of Status (AOS) is an immigration process that is available for direct relatives of US Citizens and Permanent US Residents. Each petition has a different preference based on the number of visas available depending on the relationship of the sponsored beneficiary with the sponsor petitioner. "The Visa Bulletin" is a document that each month is updated with the available number of visas for each family preference and the priority date that is eligible to get a visa.