Attorney Ho Jin Park practices exclusively in the field of immigration law. With experiences of over a decade, Mr. Park is a dedicated immigration lawyer having in-depth understandings of the U.S. immigration law, regulations and administrative policies, as well as of practical aspects of adjudication practices of the immigration authorities.
His exceptional knowledge in immigration law and sincere attitude toward each of his clients make him the immigration lawyer of choice for a wide array of clients, from individuals to major business enterprises. While his service areas cover all immigrant and non-immigrant visas, his practice focuses both on business immigration fields, including E-1, E-2, H-1B visa, EB-2 and EB-3, and on extraordinary ability visas – such as O-1 visa, EB-1(a) and NIW cases.
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E-1 VISA for TREATY TRADERS & EMPLOYEES
The E-1 visa is designed to allow a national of a treaty country solely to engage in international trade on his or her own behalf in the United States. Certain employees of an E-1 treaty trader may also be eligible for this visa classification.
While if the treaty trader or his/her future employee is currently in the United States, he or she may apply for change of status to E-1 to the USCIS; if the person is physically outside the United States, then he or she may apply for an E-1 visa to a U.S. Consulate in his or her home country or in a 3rd country if qualified.
EB-1(a) for Extraordinary Abilities
The EB-1(a) green card is for aliens of extraordinary ability engaged in the arts, sciences, business, education or athletics. Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor.
To be considered as an alien with extraordinary ability, the alien must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation. The alien must be seeking to enter the United States to continue work in the field of expertise, and the entry of such alien must substantially benefit prospectively the United States.
H-1B is a non-immigrant visa for a foreign worker admitted to the United States to perform services in a specialty occupation.
(1) A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
(2) The degree requirement is common to the industry in parallel positions among
similarly-situated employers or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; OR
(4) The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree.
The L visa classification enables a U.S. employer to transfer either an executive or manager (L-1 (A)) or a specialized knowledge worker (L-1 (B)) from one of its affiliated foreign offices to one of its offices in the United States.
“Doing business” means the regular, systematic and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the U.S. and abroad. Both U.S. and foreign company must be active.
EB-2 National Interest Waiver (NIW)
An alien of exceptional ability may obtain a waiver of job offer and the certified labor certification requirement if such waiver is deemed to be in the national interest. This waiver applies only to professionals holding an advanced degree and aliens of exceptional ability.
While the law provisions have been left vague, in 1998 the Administrative Appeals Office (AAO) established a three-prong test for the national interest waiver category in the decision for Matter of New York State Department of Transportation (NYSDOT), as introduced in the below:
The first prong test: the alien must seek employment in an area that has substantial intrinsic merit.
The O-1 visa classification is for the individual who possesses extraordinary ability in the sciences, arts, education, business or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O-1 includes:
• O-1(A) which is for individuals with an extraordinary ability in the sciences, education, business or athletics, and
• O-1(B) which is for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or TV industry.
Neither your receipt of information from this website nor your use of this website to contact Ho Jin Park, Esq. creates an attorney-client relationship between you and Ho Jin Park, Esq. The materials, included in this website, are for informational purposes only and are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. Many of the practice summaries on this website describe results obtained in matters handled for Ho Jin Park, Esq.'s clients. These descriptions are meant only to provide information about the activities and experience of Ho Jin Park, Esq., as not intending as a guarantee that the same or similar results can be obtained in every matter undertaken by Ho Jin Park, Esq.