Practice Areas

Our firm practices exclusively in the area of U.S. immigration law. Immigration is a complex area of law – one that is constantly changing. The Murthy Law Firm takes pride in handling a broad spectrum of business and family immigration cases, from the commonplace to the highly complex. Though the Murthy team thrives on difficult cases, every case gets the full measure of attention that it deserves – and we’re always watchful for the complications that sometimes lurk even in simple cases. Our attorneys are here to guide you as you navigate through your process, and are knowledgeable and experienced in immigration procedures related to the areas outlined here.

Visitors

B-1 – for Business / B-2 – for Pleasure

The Murthy Law Firm provides assistance and advice on B-1 / B-2 options to individuals in the United States or at U.S. consulates. We provide guidance in cases for those who have faced prior denials resulting from immigration violations. Included under Visitor on MurthyDotCom.

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Students

F-1 – Academic Student

An individual enrolling in a full course of study at an educational institution in the United States may be eligible for F-1 status for the duration of the study and a period of practical training in the field. The Murthy Law Firm provides assistance in devising a strategy to increase the chance of obtaining an F-1 visa at the consular post abroad or change of status from within the United States. Murthy Law Firm attorneys provide assistance with F-2 dependents and changing between F-1 primary and F-2 statuses. Included under Student on MurthyDotCom.

J – Exchange Visitor

People coming to the U.S. through an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. These are students, scholars, job trainees, faculty, professors and research scholars, specialists, medical residents, government visitors, etc. Sometimes, a J-1 program will require that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different nonimmigrant visa or to permanent residency. We are available to consult with employers and employees to discuss their options and responsibilities. Included under Student on MurthyDotCom.

M – Vocational Student

M-1 visas are available for students who wish to attend vocational schools. Included on MurthyDotCom under Student.

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Workers

E-1 – Treaty Trader / E-2 – Treaty Investor

Investors / traders and their employees may receive status to carry on their business in the United States if the home country has a commercial treaty with the United States conferring such eligibility. Included in Other Work Visas on MurthyDotCom. Learn more.

G – Representatives of International Organizations

Foreign nationals in the G category can enter the United States to perform duties relating to specific international organizations and agreements. Among the thousands of organizations under this category are the United Nations, World Health Organization (WHO), and the International Monetary Fund. Contact the Murthy Law Firm for a consultation, if you believe you qualify for G status.

H1B – Specialty Occupation

Professionals with at least a bachelor’s degree or the equivalent in work experience may be eligible for H1B status for positions requiring that degree. Our attorneys are skilled in preparing H1B petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record working for the demanding field of IT consulting, for which the USCIS imposes particularly stringent requirements on H1B petitions. We are available to consult with employers and employees to discuss their options and responsibilities. Included under Worker on MurthyDotCom.

H2A – Agricultural Labor

The H2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H2A nonimmigrant classification applies to foreign nationals seeking to perform agricultural labor or services in the United States on a temporary or seasonal basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a petition for nonimmigrant worker (I-129) on behalf of a prospective worker. See Other Work Visas & Statuses on MurthyDotCom. Workers and/or employers may consult with the Murthy Law Firm.

H2B – Other Temporary Labor

The H2B visa for non-agricultural temporary workers allows U.S. employers to bring foreign nationals to the United States to fill temporary jobs that are not agricultural in nature. A U.S. employer must file a petition for nonimmigrant worker (I-129), on behalf of a prospective worker. See Other Work Visas & Statuses on MurthyDotCom. Workers and/or employers may consult with the Murthy Law Firm.

H-3 – Trainee

The H-3 nonimmigrant visa category is for a foreign national coming temporarily to the United States as either a (1) by invitation as a trainee to receive training, other than graduate or medical education training, that is not available in the home country or (2) special education exchange visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities. See Other Work Visas & Statuses on MurthyDotCom. Prospective trainees and/or sponsors may consult with the Murthy Law Firm.

I – Representatives of Foreign News Media

As a representative of foreign media, one may be eligible for the I nonimmigrant visa. A qualifying individual must represent a foreign information media outlet (press, radio, film, or other foreign information media), be coming to the United States to engage solely in this profession; and have a home office in a foreign country. Occupations under this category include reporters, film crews, editors, and similar occupations. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant. Applicants for the I visa may consult with an attorney at the Murthy Law Firm.

J – Exchange Visitor

People coming to the U.S. through an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. These are students, scholars, job trainees, faculty, professors and research scholars, specialists, medical residents, government visitors, etc. Sometimes, a J-1 program will require that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different nonimmigrant visa or to permanent residency. We are available to consult with employers and employees to discuss their options and responsibilities. Included under Worker on MurthyDotCom.

L – Intracompany Transferee or Transferee with Specialized Knowledge

The L nonimmigrant classification enables a U.S. employer to transfer an executive or manager, or professional worker with specialized knowledge from one an affiliated foreign office to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States to establish one. The employer must file a petition for a nonimmigrant worker (I-129) on behalf of the employee. Included on MurthyDotCom under Worker.

O-1, O-2 – Extraordinary Ability

The O-1 category is for foreign nationals with extraordinary ability in the arts, sciences, athletics, education, or business. This is a nonimmigrant visa, included under Other Work Visas & Statuses on MurthyDotCom. One who believes s/he qualifies under this visa category may wish to consult with an attorney at the Murthy Law Firm.

P-1, P-2, P-3 – Athletes and Group Entertainers

This nonimmigrant visa is for individual or team athletes and internationally recognized members of a group of entertainers. Also included are artists or entertainers who are to perform under a reciprocal exchange program and artists or entertainers who perform under a program that is culturally unique. The P category is included under Other Work Visas & Statuses on MurthyDotCom. One who believes s/he qualifies under this visa category may wish to consult with an attorney at the Murthy Law Firm.

Q – International Cultural Exchange Program

This nonimmigrant visa is for certain international cultural exchange programs and is designed to provide practical training and employment, as well as share in the United States the history, culture, and traditions of the visa holder’s home country. The training or employment must be approved in advance by the USCIS on the basis of an I-129 petition, filed by the U.S. sponsor. One who believes s/he qualifies under this visa category may wish to consult with an attorney at the Murthy Law Firm.

R – Religious Vocation or Profession

Religious workers who would qualify under this nonimmigrant visa include those authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation. One who believes s/he qualifies under this visa category may wish to consult with an attorney at the Murthy Law Firm.

TN – Trade NAFTA Professionals

The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States (U.S.), Canada, and Mexico. The nonimmigrant NAFTA professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in a prearranged business activity for a U.S. or foreign employer. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional. A professional who believes s/he qualifies under this visa category may wish to consult with an attorney at the Murthy Law Firm.

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Family Members

Dependents of the Above

The dependent categories for nonimmigrant visas are included on MurthyDotCom under For Families, nonimmigrant.

K – Fiancé/e of U.S. Citizen

A K-1 visa allows a U.S. citizen to bring her/his fiancé/e to the United States on a temporary basis. The K-3 provides a temporary option for spouses of U.S. citizens. Both categories involve processing for individuals who are outside of the United States. The fiancé/e of a U.S. citizen is eligible for a nonimmigrant visa in order to marry within 90 days of entry to the United States. Included under family-based immigration on MurthyDotCom.

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Permanent Resident, Employment Based

Employment Based, 1st Preference (EB1)

  • Persons of Extraordinary Ability
  • Outstanding Professors and Researchers
  • Multinational Executives and Managers

In these categories, the candidate can petition for permanent residency without the time-consuming process of labor certification. The EB1 Category can be found on MurthyDotCom under (Permanent) Resident, Employment Based.

Employment Based, 2nd Preference (EB2)

This category is for members of professions holding advanced degrees or foreign nationals of exceptional ability. Most EB2 candidates must have job offers and the employers must complete the PERM labor certification process. The labor certification involves testing the job market to show that the potential visa holder is not taking a job from a U.S. worker. If the individual can show that his/her entry is in the national interest the job offer and PERM labor requirements can be waived. EB2 Perm Labor and the EB2 for those who may qualify for the National Interest Waiver can be found on MurthyDotCom under (Permanent) Resident, Employment Based. A consultation with a Murthy Law Firm attorney is recommended especially for the NIW candidate.

Employment Based, 3rd Preference (EB3)

This category is for skilled workers, professionals, and other workers. Most EB3 candidates must have a job offer and the employer must complete the labor certification process. Sponsored workers who are members of professions and those who possess bachelors’ degrees or the foreign equivalent may be eligible for the “professionals” category. “Skilled” workers are those who are capable of performing skilled work requiring at least two years of training or work experience. Foreign nationals with less than two years of training and work experience may qualify under the “other workers” category. The EB3 Category can be found on MurthyDotCom under (Permanent) Resident, Employment Based.

Employment Based, 4th Preference (EB4)

The EB4 category is reserved for a broad group of special immigrants that most commonly includes religious workers, broadcasters, Iraqi / Afghan translators, Iraqis who have assisted the United States, international organization employees, physicians, armed forces members, Panama Canal zone employees, retired NATO-6 employees, as well as spouses and children of deceased NATO-6 employees. The EB4 Category can be found on MurthyDotCom under (Permanent) Resident, Employment Based.

Employment Based, 5th Preference (EB5)

The EB5 category is reserved for employment creation investors, foreign nationals who invest one million dollars in a new commercial enterprise that employs ten or more U.S. citizens or authorized immigrant workers. (Investment of $500,000 is required if it is in a rural area or in an area of high unemployment.) EB5 investors obtain lawful permanent resident (LPR) status on a conditional basis valid for two years. After the expiration of the initial two-year period, EB5 investors have to file a separate application with the USCIS to remove conditions on their LPR status. The EB5 Category can be found on MurthyDotCom under (Permanent) Resident, Employment Based. Anyone who believes s/he may qualify for the EB5 should consider a consultation with a Murthy Law Firm attorney.

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Permanent Resident, Family Based

U.S. citizens can petition for parents, spouses, siblings, and children. Permanent residents (LPR) can petition for spouses and children only. There is no quota or limit and, therefore, no waiting time for “immediate relatives” of U.S. citizens – unmarried children under 21, spouses, parents, widows / widowers (under certain circumstances). Relatives in the following preference categories are subject to limits on the number of visas that can be issued each year.

  • First Preference – unmarried sons or daughters (over age 21) of U.S. citizens
  • Second Preference (2A) spouses and unmarried children (under age 21) of LPRs; and (2B) unmarried sons and daughters (over age 21) of LPRs
  • Third Preference – married sons and daughters of U.S. citizens
  • Fourth Preference – brothers and sisters of U.S. citizens

Family-Based immigration is on MurthyDotCom under (Permanent) Resident.

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Permanent Resident, Other Avenues

Diversity Visa (DV1 / “Green Card Lottery”)

The diversity visa program was begun in October 1994 for natives of certain countries that have provided relatively few immigrants to the United States in recent years. Annually, 55,000 visas are given away in a random drawing to individuals from countries underrepresented in the total immigrant pool. The diversity visa or lottery can be found on MurthyDotCom under (Permanent) Resident.

Asylum / Refugee

Foreign nationals with a genuine reason to fear persecution because of race, religion, nationality, membership in or identification with a particular social group, or political opinion can apply for asylum or refugee status.

Citizenship Matters

The Murthy Law Firm offers representation in filing for U.S. citizenship through the naturalization process. This can be found on MurthyDotCom under Citizen.

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Other Legal Support

Consular Matters, Mandamus Actions, POE Assistance, Employer Compliance, & More

USCIS Representation and Consular Practice

The Murthy Law Firm offers representation before the USCIS throughout the United States and at U.S. consulates worldwide. We also have an affiliated office, Murthy Immigration Services, Pvt. Ltd., with offices in Chennai and Hyderabad, India.

Mandamus Actions & Federal Litigation

The Murthy Law Firm files federal writ of mandamus lawsuits challenging delays in the adjudication of I-485 applications, I-129 petitions for H1B workers, and other applications to the U.S. Citizenship and Immigration Services (USCIS). Our attorneys are experienced in litigation with regard to delays in naturalization cases and applications at U.S. consulates, as well as improper termination of the green card.

Port of Entry Assistance

The Murthy Law Firm provides advice and assistance, answering questions on actual or potential problems with admission into the United States for a variety of reasons, including matters of inadmissibility. We assist individuals in obtaining corrected I-94 cards from CBP when their initial I-94s have been issued incorrectly. Our attorneys represent and may accompany individuals to deferred inspection appointments conducted by CBP at airports and Ports of Entry (POEs) across the United States. Find more on our POE assistance on MurthyDotCom.

Employer Compliance Matters

Attorneys at the Murthy Law Firm are available to help employers of foreign nationals abide by the many laws and regulations they must follow. Whether your concern is employment verification eligibility, I-9 and e-Verify file preparation for potential investigations and audits, or fulfillment of H1B or PERM labor requirements, our firm is available to advise you and your HR department. More on compliance is available on MurthyDotCom.

Other Immigration Matters

Representation and counsel in other general immigration matters. Contact the Murthy Law Firm to schedule a consultation to discuss your situation with one of our knowledgeable, experienced attorneys.

 

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