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Gardner & Mendoza, PC

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Business & Employment Immigration

LET THE BUSINESS IMMIGRATION LAWYERS AT GARDNER & MENDOZA HELP YOU FIND THE RIGHT EMPLOYMENT VISA FOR YOUR EMPLOYEES.

Running your business efficiently is hard enough in these tough economic times without having to worry about whether you and your key employees are filing the right USCIS applications. Let our business immigration law experts help you figure out which employment visa is best suited for the employees you have and the employees you want to hire.

GREEN CARD THROUGH EMPLOYMENT – PERM, I-140 – Petition for Alien Worker, I-485 – Adjustment of Status Application

Let our business immigration lawyers assist your company and employee with your PERM case. We will walk you through each step, including Prevailing Wage Determination (Form ETA-9141), Recruitment, and submitting your Labor Certification (Form ETA-9089) to the Department of Labor. Once your labor certification is certified, we will file your petition for an immigrant worker visa (Form I-140) with all supporting documents such as ability to pay the prevailing wage and finally, assist your employee and his or her family members with the preparing and filing of the green card application (I-485). Our business immigration attorneys will be there every step of the way through the PERM process.

We have assisted small and multi-national companies alike, universities and public school districts, and families with their PERM cases. Speak to one of our attorneys today for a free phone consultation about any questions that you may have about PERM.

Employment-Based Immigration First Preference (EB-1)

The EB-1 Visa is an employment-based visa that allows for “priority workers” to remain permanently in the U.S. Those interested in obtaining an EB-1 Visa must fall into at least one of the one following occupational categories:

  • Have extraordinary ability;
  • Are an outstanding professor or researcher;
  • Are a multinational executive or manager.

The below chart from USCIS contains eligibility criteria for each of the three occupational categories as they are different.

Eligibility Criteria:

Categories Description Evidence
Extraordinary Ability You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
Outstanding professors and researchers You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.
Multinational manager or executive You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

National Interest Waiver (NIW)

National Interest Waivers fall under the Employment-Based Immigration Second Preference EB-2 umbrella. Those eligible for NIW possess “exceptional ability” whose employment in the U.S. would significantly benefit the nation. This petition essentially “waives” the Labor Certifications typically required for foreign aliens. This waiver does not require employer sponsorship so eligible applicants may self-petition.

H-1B – SPECIALIZED WORKER

Does your company, university or school district need to hire a specialized worker? Let our H-1B lawyers assist you and your employee. We will prepare and file the LCA (Labor Condition Application) and I-129 and all supplement forms with the correct fees to USCIS. We will also assist you with your company’s support letter for your H-1B employee and make sure that your employee’s foreign diploma and/or work history and experience is properly evaluated.

H-3 – TRAINEE

The immigration attorneys at Gardner & Mendoza can help your company organize your company training program to allow you to sponsor trainees from abroad. We will help you document the establishment of your training program and fulfill other requirements of the H3 Visa, such as proving that the training you offer is not offered in the prospective trainee’s home country or abroad.

L-1A AND L-1B – INTRA-COMPANY TRANSFERREE

Is your foreign company abroad looking to do business with a start-up in the U.S.? Our immigration attorneys specialize in helping companies abroad start businesses in the U.S. by transferring a key employee or key employees to the U.S. to get your start-up U.S. business off the ground and running. If you already have an existing business in the U.S., we can help you bring employees to the U.S. through an L1A visa or an L1B visa. We have been successful in bringing a sole employee/owner of a company abroad to the U.S. for a start-up as well as Executives of large companies. Whether your overseas operation is large or small, our lawyers can help you with the L1A and L1B visas.

O-1 VISA – EXTRAORDINARY WORKER

Proving to USCIS that an employer qualifies for the O-1 visa, extraordinary worker, is difficult, but our immigration lawyers have had numerous successes in getting the O-1 Visa for clients. We know what it takes to get an O-1 visa approval, the standards and the extensive documentation required. A detailed look at the O-1 employee professional work history and achievements is required. Email us your resume today and call us for a free consultation by phone to discuss your possibilities of getting an O-1 visa.

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Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
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Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base. See law office locations.

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