Generally, a citizen of a foreign country or non U.S. national, who wishes to enter the United States must first obtain a Visa, either a Non-Immigrant Visa for temporary stay, or an Immigrant Visa for permanent residence. You must have a Student Visa to study in the United States or an Employment Visa to work in the United States.
If you are coming to the United States of America to visit, study, work, invest or permanently reside, the attorneys of Arnott & Kirk, PLLC can help you select and obtain the appropriate type of Immigrant or Non-Immigrant documents. You may have options regarding Visas, Lawful Permanent Residency (Green Card) or U.S. Citizenship. It is important to discuss your specific case and future plans with one of our attorneys to find the best solution for your immigration needs.
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security. USCIS processes Immigrant and Non-Immigrant Visa petitions, adjustment petitions and naturalization petitions.
Customs and Border Protection regulates U.S. land, sea and air borders. They oversee the entry of people as well as goods at U.S. borders and points of entry.
Immigration and Customs Enforcement enforces federal laws governing border control, customs, trade and immigration.
Visas for foreign nationals who do not intend to permanently reside in the United States are referred to as Non-Immigrant Visas. There are many different types of Non-Immigrant Visas available for work, education, or travel, depending on the reason for your stay.
There are more than 5,000 foreign nationals who are currently pursuing their studies in Eastern Iowa, at the University of Iowa, Kirkwood College, the University of Northern Iowa, Grinnell College, Loras College and other local approved educational institutions. Your course of study and the type of school you plan to attend determine whether you need an F-1 Visa, a J-1 Visa or an M-1 visa.
Work & Employment
The most common types of Non-Immigrant Temporary Visas to work in the U.S. include the E, H, L, O and P Visas. Obtaining permission to attend school or work in the United States can be a complicated process and requires a working knowledge of the different Visa options that are available.
- B-1 Visa
- Business visitors.
- B-2 Visa
- Visitors for tourism or medical treatment.
- F-1 Visa
- Academic or language students.
- J-1 Visa
- Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Information Agency.
- K-1 Visa
- Fiances or fiancees of U.S. citizens coming to the U.S. for the purpose of getting married.
- Q-1 Visa
- Exchange visitors coming to the U.S. to participate in international cultural exchange programs.
- F-1 Visa
- For Non-Immigrant students attending an academic institution.
- M-1 Visa
- For Non-Immigrant students attending a vocational institution.
- J Visa
- For Non-Immigrant exchange visitors to participate in work/study programs.
- J-1 Visa
- International Medical Graduates (IMGs) who have passed the U.S. Medical Licensing Examination (USMLE), completed a medical residency in the U.S. and become licensed in a particular state in order to qualify to practice medicine in the United States. Often, IMGs obtain J-1 Visas to come to the U.S. to do their residencies and fellowships.
- Student & Exchange visitor Information System.
- Science, Technology, Engineering and Mathematics. There is a shortage of workers in STEM fields in the U.S. Opportunities for foreign students, recent graduates and entrepreneurs may be increasing.
Work & Employment
- E Visa
- An E Visa is designed for those who are interested in starting a business or investing in a business in the U.S. The E-1 or E-2 or E-3 may be sought for nationals of countries that have a Treaty of Friendship Commerce and Navigation or Bilateral Investment Treaty with the United States and wish to come to the U.S. to conduct substantial trade between the U.S. and the treaty country and the E-3 is for Australian Nationals.
- H Visa
- An H Visa is a temporary work Visa and is divided into multiple categories. There are two basic types of H Visas: The H-1B and the H-2B. Either an H-1B Visa or H-2B Visa may be sought after completion of the labor certification process.
- I Visa
- An I Visa may be obtained for international journalists.
- L Visa
- An L Visa is available to foreign nationals who have worked for a company outside the United States for at least one year and who wish to travel to the United States temporarily to work. The L-1 Visas are for Entrepreneurs, Investors and Small Businesses; the L-1A Visas are for executive and managerial intracompany transferees; the L-1B Visas are for intracompany transferees with specialized knowledge about their employer.
- O Visa
- The O-1 is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- P Visa
- The P Visa is available for certain athletes, artists and entertainers.
- R Visa
- The R Visa is available for temporary religious workers.
- TN Visa
- The TN Visa is for certain nationals of Canada and Mexico under NAFTA.
- Employer Services
- Employers often desire to transfer or hire foreign national temporary and/or permanent employees. With complicated issues such as Non-Immigrant Visas or lawful permanent residence, experienced legal advice is often needed.
- I-9 Services
- Employers must maintain a correctly completed Form I-9 for every employee they hire, regardless of nationality (including U.S. citizens). Improper completion of the Form I-9, Employment Eligibility Verification, failing to inspect the correct identity and work eligibility documents, and simple clerical mistakes in the compliance process can cause severe consequences.
- PERM Labor Certificate
- Certain employment-based Immigrant and Non-Immigrant Visa categories require labor certification through the Department of Labor in addition to the filing of a Visa petition with United States Citizenship and Immigration Services (USCIS).
To be eligible to apply for an immigrant visa, a foreign national must be sponsored by a U.S. Citizen spouse, immediate relative, a U.S. lawful permanent resident, a prospective employer, or win the Diversity Lottery.
Work & Employment
The most common types of Immigrant Visas to work in the U.S. are the EB-1, EB-2, EB-3, EB-4, and EB-5 categories. These are categorized based on your training and abilities. An EB-5 may be available to an Immigrant investor.
USCIS now recognizes that individuals in same sex marriages must be afforded immigration benefits under the law. The State’s designation of gender must be recognized under federal law.
- EB-1 Visa
- The EB-1 visa is an immigrant visa, which allows foreign nationals with 'extraordinary ability' in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. Your achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.
- EB-2 Visa
- The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who is a member of the professions holding advanced degrees or their equivalent or because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
- EB-3 Visa
- The EB-3 employment visa is an immigrant visa which allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
- EB-4 Visa
- The EB-4 employment visa, is an immigrant visa for Special Immigrants - foreign national religious workers, and employees and former employees of the U.S. Government abroad.
- EB-5 Visa
- The EB-5 is an immigrant employment visa available to qualified investors seeking permanent resident status on the basis of their engagement in a new commercial enterprise, with the required amount of capital, benefitting the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
- Lawful Permanent Residency or Green Card
- There are many ways to obtain a Green Card, whether it be marriage based, family based, or employment based. The applications can be complicated and mistakes can be costly. Lawful permanent residents may be eligible to become U.S. Citizens through the naturalization process. There are strict eligibility and application requirements, and the process is not always straightforward. Our goal is to provide you with experienced representation, assistance and advice to help you navigate the complex legal system.
- U.S. Citizenship & Naturalization
- Under U.S. immigration law, citizens of foreign countries can become U.S. citizens through the immigration process known as naturalization. Becoming a U.S. Citizen has many advantages, including guaranteed residency, the right to work, travel, vote, run for political office, and to hold Federal jobs. You may qualify through various paths to citizenship based on your specific, individual circumstances.
- Diversity Lottery
- Administered by the U.S. Department of State, the Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
- Immediate Relative and Family Sponsored
- To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. If the family member of the U.S. citizen is not an immediate relative, the U.S. citizen may still be able to sponsor eligible relatives through certain family preference categories. Similarly, U.S. lawful permanent residents (green card holders) may petition for certain eligible relatives, and others within special family categories to come and live permanently in the United States.
When a marriage or personal relationship comes to an end, it can be an emotional and stressful time. We handle all matters related to contested and uncontested divorces, paternity, child custody, child support, alimony, real estate, asset division and debt division. We will work to secure the best outcome for our clients and their families.
We work to protect the rights and interests of parents and children whether through a Child in Need of Assistance (CINA) proceedings and Termination of Parental Rights (TPR) proceedings relating to child welfare, adoptions, or juvenile delinquency proceedings where a minor child is charged with a crime.
We can help your sole proprietorship, partnership, limited liability company or corporation get started, stay in business and address legal conflicts.
If you care about your family and what you’ve built over your lifetime, you must properly design your estate plan. Proper planning is essential to providing for your family, making certain there is an orderly transfer of assets, and protecting against unnecessary taxation.
Probate is not as horrible as you may have heard. Probate refers to the court-supervised process over the affairs of a deceased individual, a minor child, or an incapacitated individual. We can give you the advice, direction and assistance required to handle the necessary court filings, meet deadlines and prepare for hearings.
We can help you buy, sell, lease, or zone your real property, with the preparation of purchase agreements, deeds, title opinions, and closing statements, whether residential or commercial.
We can handle a wide range of criminal matters which include traffic, simple and serious misdemeanors.
Corporate Business Counseling and Litigation
Creating and managing a business requires an immense amount of time, labor, and resources. The Arnott Law Office will advise you about your company and assist you in ensuring smooth corporate operations for your business throughout its life. From forming a business to transferring ownership interests, your business matters will be in order. If disputes arise, Arnott Law Office is experienced in litigating on your behalf.
Formation of Corporate Entities
No matter the size or type of your business Arnott Law Office can assist you in choosing the right type of corporate entity for your needs. Arnott Law Office will handle the process from start to finish, including drafting appropriate corporate documentation, state and federal filings and advising you on day to day operations.
Insurance Coverage and Litigation
Arnott Law Office advises individuals and companies on the appropriate types of insurance coverage they should carry. With over a decade of experience in the insurance industry, Arnott Law Office will assist you in handling claims and maximizing your insurance recovery. Insurers always have attorneys reviewing and disputing claims, you should have the same advantage to protect yourself and your company during the claims process.
Uniform Commercial Code (UCC) Compliance, Disputes and Litigation
The Uniform Commercial Code applies to many transactions between businesses buying and selling goods. Arnott Law Office can streamline your sales process and documentation to ensure compliance with the UCC. Arnott Law Office will help you resolve disputes between companies and between companies and consumers.
Reinstatement of Drivers Licenses
If your drivers license is suspended or revoked for non-payment of fines, student loans or court costs the Arnott Law Office will work with you and the State of Iowa to get your license back.
Consumer Debt Collection Defense
If you are being harassed by bill collectors seeking payments, Arnott Law Office can help you stop the calls. We can help you reduce of eliminate your financial obligations by negotiating with or fighting your creditors in court.
Certain types of criminal matters can be expunged from your record. Get in touch with Arnott Law Office today to see if you qualify.