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Philip Levin & Associates

Immigration Law

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  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visa
    • H-1B Work Visas
    • E-1 & E-2 Visas
    • Labor Certifications
    • I-9/Worksite Enforcement
  • Attorneys
    • Philip M. Levin, Managing Partner
    • Don L. Pangilinan, Associate
    • Alec P. Wilczynski, Of Counsel
    • Ana Gandara, Of Counsel
    • Cara Cox, Associate
    • Rachel Goodman, Associate
  • Blog
  • Testimonials
  • Contact Us

What is an H-1B Visa? | H-1B’s Explanation & Scenarios

January 25, 2023 Philip Levin & Associates

The H1-B visa is one of several work-based, non-immigrant visas to the United States. Developed and administered by the Office of Foreign Labor Certifications at the U.S. Department of Labor… CONTINUE

Filed Under: Blog, H-1B Visas Tagged With: H-1B Visa, h1b, lottery, visa

How Should I use Social Media While Immigrating to the United States?

November 14, 2022 Philip Levin & Associates

#1: Be careful what you read. Social media platforms such as Facebook, Instagram, and Twitter have provided an invaluable service by helping us stay connected with the people we care… CONTINUE

Filed Under: Blog Tagged With: immigration law, social media

BIA: RAISES THE MANDATORY BAR FOR FILING

May 17, 2022 Philip Levin & Associates

On March 11, 2022, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an order by an Immigration Judge (IJ) granting Respondent’s application for adjustment of status (AOS) along with an INA §212(i) waiver of inadmissibility. DHS contended that Responded had filed a frivolous asylum application and was therefore barred from the requested relief. The IJ’s decision was thus vacated and the record remanded. 

Filed Under: BIA

Understanding the TN, E-3, and H-1B1 (Treaty Based) Visas

May 3, 2022 Philip Levin & Associates

Noncitizens of the United States often have many questions about the various types of work visas. In this article, we compare the general characteristics of H-1B, TN, E-3, and H-1B1 visas. The H-1B visa classification is the one that most employers and foreign nationals think about. But the H-1B is numerically limited. Working with an attorney that knows the treaty based visas may provide options.

Filed Under: H-1B Visas

BIA: APPLICANT FOR ADJUSTMENT

May 3, 2022 Philip Levin & Associates

BIA HOLDS THAT AN APPLICANT FOR ADJUSTMENT OF STATUS UNDER INA §209(b) MUST POSSES ASYLEE STATUS AT THE TIME OF ADJUSTMENT AND, THUS, AN APPLICANT WHOSE ASYLEE STATUS HAS BEEN… CONTINUE

Filed Under: BIA

BIA: ISSUES AMICUS INVITATION NO. 22-16-03

May 3, 2022 Philip Levin & Associates

BIA: Board of Immigration Appeals (BIA or Board) welcomed interested membersBIA ISSUES AMICUS INVITATION NO. 22-16-03 On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested… CONTINUE

Filed Under: BIA

BIA: Respondent Receives Sufficient Written Notice

April 21, 2022 Philip Levin & Associates

BIA Holds That A Respondent Receives Sufficient Written Notice To Support The Entry Of An In Absentia Order Of Removal, Even If He Or She Was Served With A Noncompliant… CONTINUE

Filed Under: BIA, Blog Tagged With: bia

BIA: Criminal Proceeding May Be Considered

April 21, 2022 Philip Levin & Associates

BIA HOLDS THAT THE AMOUNT OF FORFEITURE ORDERED IN A CRIMINAL PROCEEDING MAY BE CONSIDERED IN DETERMINING WHETHER A CRIME OF FRAUD OR DECEIT RESULTED IN A LOSS TO A… CONTINUE

Filed Under: BIA, Blog Tagged With: bia

Board of Immigration Appeals (BIA or Board) welcomed interested members

April 21, 2022 Philip Levin & Associates

On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested members of the public to file amicus curiae briefs discussing what factors the Board should weigh… CONTINUE

Filed Under: BIA, Blog Tagged With: bia

How to Move from OPT and/or STEM OPT to H-1B

April 18, 2022 Philip Levin & Associates

Many noncitizens in the United States have questions about EAD STEM and whether they can apply for H-1B while on STEM OPT. In this article, we cover many of the… CONTINUE

Filed Under: Blog, EAD, H-1B Visas, Visa Tagged With: bia, H-1B Visa

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Recent Blog Posts

  • What is an H-1B Visa? | H-1B’s Explanation & Scenarios
  • Will having a criminal record disqualify me from getting a green card?
  • How Should I use Social Media While Immigrating to the United States?
  • BIA Holds That A Conviction For Second Degree Burglary Of A Dwelling Under New York Penal Law §140.25(2) Is Categorically A Conviction For Generic Burglary…
  • BIA Holds That The Time And Place Requirement In INA §239(a)(1) Is A Crime-Processing Rule, Not A…

Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visa
  • H-1B Work Visas
  • PERM Labor Certification
  • E-1 & E-2 Visas
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement
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Suite 502
San Francisco, CA 94133
       

San Francisco Main Office
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Suite 502
San Francisco, CA 94133

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5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

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Suite 320
Santa Clara, CA 95054

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4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

North Bay Office
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Suite 200
San Rafael, CA 94903

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3463 State Street
Suite 516
Santa Barbara, CA 93105
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Los Angeles, CA 90071
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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. PL&A will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on PL&A to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.