New York, NY 10007
tel (212) 227 9390
fax (212) 227 9564
5757 Wilshire Boulevard
Los Angeles, CA 90036
tel (323) 904 4730
fax (323) 904 4747
a full-service immigration law firm, our practice
ranges from work based temporary employment visas to family based immigration,
learn more about the services we provide, please select the appropriate
Family Based Immigration
Temporary (Non-Immigrant) Status
Removal Proceedings & Appeals
Masliah & Soloway
represents individuals seeking to immigrate to the United States who
are sponsored by their employer or who self-petition
in one of several categories. We also represent corporations, universities,
and non-profit organizations that wish to sponsor a current or temporary
employee to remain permanently in the United States.
Aliens of Extraordinary Ability - for individuals who have extraordinary
ability in the sciences, arts, education, business or athletics.
Outstanding Professors and Researchers - a researcher or professor
applying for this visa must be internationally recognized as "outstanding" in
a specific academic area.
Multinational Executives and Managers - an executive or manager, who
has been employed abroad by a multinational, may be transferred permanently
to assume an executive or managerial position in the U.S. subsidiary,
affiliate or branch office.
Members of Professions Holding Advanced Degrees or Aliens of Exceptional
Advanced Degree Holders - applicants for this visa category must have
a Master's degree or its equivalent. Applicants must have an approved
Labor Certification Application, i.e. their employers must have proven
to the satisfaction of the Department of Labor that there was no qualified,
able and available U.S. worker to fill the position.
Exceptional Ability - the alien must have a degree of expertise significantly
above that ordinarily encountered. Approve Labor Certification is also
required to file a petition in this category.
Skilled Workers, Professionals and Other Workers
Professionals/Skilled Workers - the alien must have a baccalaureate degree
or be a member of a skilled profession, i.e. those requiring at least
two years experience. Approved Labor Certification Application is required
for these categories.
Permanent Resident Status or an Immigrant Visa on the Basis of Family
Immediate Relatives and Preference Categories - Citizens
of the United States may sponsor certain relatives for immigration
to the United States. Immigrant visas or "green cards" are
immediately available for spouses, minor children and parents of
citizens. Children over the age of 21 and siblings of citizens fall
under the "preference" system,
which are a series of greatly backlogged categories that require
long waits for immigrant visa availability. Lawful Permanent Residents
card" holders) may sponsor spouses and unmarried children
for immigration under the preference system. The State Department
monthly updates on the processing times of these categories.
V nonimmigrants - In attempt to
address long backlogs in certain family based immigration categories,
a new non-immigrant category (the "V" visa)
that allows the spouse (V-1) or unmarried child under the age
of 21 (V-2) of a Lawful Permanent Resident to live and work in
instead of forcing them to wait outside the country. To qualify,
spouse or child must be the principal beneficiary of a petition
filed by the spouse or parent on or before December 21, 2000
and must have
waited more than three years because an immigrant visa is not
yet available or must have a pending application for permanent
or an immigrant
visa. The derivative child of a V-1 or V-2 nonimmigrant is
eligible for V-3 status.
The immigration laws provide a nonimmigrant visa classification
(K-1) for persons coming to the United States to marry American
and reside here. A person who is already married to a U.S.
citizen may apply
for permanent residence through marriage, but may not apply
for a fiancé(e)
Fiancé(e) Visas - To establish
K-1 visa classification for an alien fiancé(e), an
American citizen must file a Petition for Relative or Fiancé(e).
The approved petition will be forwarded to the American consular
office where the alien fiancé(e) will apply for his or her
visa and will be interviewed. Both petitioner and beneficiary must
be legally able
and willing to conclude a valid marriage in the United States and
must have previously met in person within the past two years unless
is waived. Once approved, the fiancé(e) visa will be valid
for one entry during a period of six months. Once admitted to the
States, the beneficiary and the petition must marry within 90 days.
Following the marriage, the spouse must apply for adjustment of status
residence. The unmarried, minor children of a K-1 beneficiary derive
K-2 nonimmigrant visa status from the parent so long as the children
are named in the petition. A separate petition is not required if
the children accompany or follow the alien fiancé(e)
within one year from the date of issuance of the K-1 visa.
visa petition is required.
Married Fiancé(e)s and their children -
A recent change in the law created a new nonimmigrant status
and children of U.S. citizens who are the beneficiary of
filed by the U.S. citizen relative and who seek to enter the
U.S. to await
the approval of the petition and continue processing for permanent
residence. K-3 and K-4 nonimmigrants are eligible for employment
in the United States waiting for the conclusion of processing
of their case. To apply for K-3 status the spouse must have
Petition for Alien Fiancé(e) forwarded to the U.S. consulate.
Children of a K-3 nonimmigrant who are under 21 and unmarried
are eligible for K-4 status.
Temporary Protected Status
Permanent Residence for Asylee
Cuban Adjustment Act Applicants
Diversity Visa "Green Card" Lottery
Temporary (Non-Immigrant) Status
E-1 - for an individual seeking to come to the United States temporarily
to engage in trade of a substantial nature, primarily between the United
States and the country of the individual's nationality. The trade involved
must be international exchange (successfully negotiated contracts binding
on all parties) of items of trade between the U.S. and a treaty country.
E-2 - for individuals seeking to
come to the United States temporarily to direct and develop
the operations of an ongoing business enterprise
in which he or she has invested, or is in the process of investing,
substantial capital. Only nationals of countries with which
the United States have
a treaty may be considered "treaty investors" under
the E-2 category. The investment involved must place lawfully
and controlled capital at commercial risk with a profit objective,
and be subject to loss if the investment fails.
H-1B - this status is given to those persons in a specialty occupation,
i.e. those positions requiring a minimum of a bachelor degree in a specific
field, for an initial period of three years which may be extended to
a maximum of six years. This category also includes fashion models of
distinguished merit and ability.
H-2B - for jobs that are truly temporary in nature, usually seasonal
jobs or jobs created due to intermittent or unexpected need. The U.S.
Department of Labor must first certify the unavailability of U.S. workers.
H-3 is a non-immigrant visa/status allowing aliens to attend a trainee
program in the U.S. This visa/status is mostly used by firms and companies
working with trainees from a parent or subsidiary abroad wishing to give
more and a different kind of work experience towards the alien. H-3 trainees
must not receive any graduate medical education or training in the U.S.,
must demonstrate that this training is not available in the beneficiary's
home country, and that training is needed to advance his/her career outside
the United States. The petitioner must submit a highly structured and
organized training program that prepares the trainee for a position abroad.
L-1 - for employees of multinational companies who have worked in either
an executive/managerial capacity (L-1A) or who have worked in a position
requiring specialized knowledge (L-1B) for one of the past three years.
The spouse and children of an intracompany transferee may be admitted
temporarily to the United States in L-2 status.
O-1 is a non-immigrant visa classification
for foreign nationals who can demonstrate the sustained national
or international acclaim
recognition for achievements in the science, education, business
or athletics. It
requires the employer file a Petition for a Nonimmigrant Worker
(Form I-129), along with evidence of the individual's extraordinary
The "extraordinary ability in the filed of science, education, business
or athletics means a level of expertise indicating that the person is
one of the small percentage who have arisen to the very top of the field
of endeavor." Issued to aliens of extraordinary ability
in the arts, sciences, business, film, television or athletics.
P-1 - In order to obtain one of
the P visas, the alien must be an athlete or entertainer, or
in a reciprocal exchange
between the U.S. and their home nation, or be "culturally
R-1 - Religious worker coming to the United States to work as a minister
of religion, a professional in a religious vocation or occupation, or
for a bona fide nonprofit religious organization at the request of the
organization, in a religious occupation which relates to a traditional
religious function. The religious worker must have been a member of a
religious denomination having a nonprofit religious organization in the
United States for at least two years immediately prior to the application
date. Spouses and children of R-1 nonimmigrants are eligible for R-2
TN-1 - for certain Canadian and Mexican professionals who seek to enter
the United States for the purpose of temporary employment.
Individuals may seek asylum if they are present in the United
States and have a well-founded fear of persecution because
of their race,
religion, nationality, political opinion or membership in a
particular social group.
In most cases, an asylum application must be filed within the
one year of the applicant's last entry into the United States,
regulations provide for exceptions to this filing deadline.
Asylum may be sought
affirmatively through an administrative Asylum Office interview
or as a defense against deportation if the applicant is already
Proceedings before an Immigration Judge. "Asylees" or
those granted asylum may remain in the United States indefinitely,
apply for employment authorization and a Refugee Travel Document.
after their asylum application was approved, asylees are eligible
for permanent residence in the United States. Denial of asylum
by an Immigration Judge can be appealed to the Board of Immigration
Removal Proceedings and Appeals
Representing individuals in removal (deportation) proceedings before
the Immigration Court or the Board of Immigration Appeals.