1065 E. Hillsdale Blvd.
Suite 245
Foster City, CA 94404
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Ph: 650.573.1065
Fax: 650.573.1070

Practice Areas

Established in 1982, the Law Office of Jocelyne J. Kim Lew, APC has focused its practice on handling cases involving Immigration and Citizenship issues.

The firm primarily handles the following employment-based immigration cases for professionals:



A. Nonimmigrant Work Visas (temporary work in the U.S.) [top]

1. H-1B [top]

The H-1B is a non-immigrant visa, which allows U.S. employers to employ foreign workers in specialty occupations. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialities, theology, and the arts, and requiring the attainment of at least a bachelor’s degree or its equivalent as a minimum. Additionally, the foreign worker must possess at least a bachelor’s degree or its equivalent to practice in the field. H-1B work-authorization is limited to employment by the sponsoring employer. Dependents of H-1B visa holders who possess an H-4 visa are not allowed to work in the U.S. An H-1B visa may be used as a steppingstone to the Green Card under the doctrine of dual intent. As of October 1, 2003 the H-1B visa limit is approximately 65,000. Since 2004, additional 20,000 were added for US graduates. The maximum length of stay is 6 years.

2. L-1 [top]

An L-1A/B visa is a non-immigrant visa available to employees of an international company with offices in both a home country and the United States, or the foreign entity which intends to open a new office in the United States while maintaining their home country interests. The visa allows such foreign workers to relocate to the corporation's US office after having worked physically abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company. Spouses of L-1 visa holders (L-2) are allowed to work, without restriction, once an EAD card is issued by USCIS. The L-1 visa may be used as a steppingstone to the Green Card under the doctrine of dual intent. The foreign worker must qualify for an L-1 under either managerial or specialized knowledge. The maximum length of stay is 5 years for L-1B (Specialized Knowledge), 7 years for L-1A (Managerial).

3. TN [top]

TN (North American Free Trade Agreement - NAFTA) visa is a special non-immigrant visa unique to citizens of Canada and Mexico. TN status was created in 1994 by the North American Free Trade Agreement (NAFTA). It allows Canadian and Mexican citizens the opportunity to work in each other's countries in certain occupations. It bears a similarity, in some ways, to the H-1B visa, but also has many unique features. Within the TN set of occupations, a Canadian or Mexican can work for up to three years (prior to October 16, 2008, one year) at a time. However, the TN status may be renewed indefinitely in three-year increments, although it is not a 'permanent' visa and if the US customs officials suspect it is being used as a substitute for a green card, they may elect to deny further renewals. The set of occupations which, qualify for TN status is listed in the agreement. TD is a visa for a spouse and dependent children of a TN professional. A TD spouse/child does not have the right to work in the U.S. TN visa does not have a “dual intent” provision and therefore may not be used as a basis for pursuing a green card.

4. E-3 [top]

The E-3 visa is a non immigrant visa available only for citizens of Australia. It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions, and that the E-3 visa is renewable indefinitely (in two-year increments). Australian citizens applying for an E-3 visa are not subject to the 65,000 annual visa limit for H-1B visas; there is a separate annual quota of 10,500 but has not been reached. Visas issued to spouses and children are not included in the E3 quota and spouses and children do not need to be Australian citizens. E-3 visa does not preclude “dual intent” and therefore be used as a steppingstone to the Green Card.

5. O-1 [top]

The O-1 visa is a nonimmigrant visa for aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.

Generally, to qualify for O-1 classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of receipt of a major, internationally recognized award, such as the Nobel Prize; or at least three of the following forms of documentation:

  1. Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
  4. Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
  5. Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
  6. Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
  7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  8. Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

B. Nonimmigrant Visas (not elilgible to work in the U.S.) [top]

1. B-1/B-2 [top]

B-1 is a nonimmigrant visa for people who wish to conduct business transactions inside the United States, but does not allow the holder to actually be gainfully employed or to run a business in the US. B-1 visa is intended for training, attending meetings while on overseas payroll; although one can receive a per diem in US for expenses. B-2 visa is intended for visiting friends and/or family, points of interest or participating in tours. Persons from every country, including European Union member states, must apply for a visa for the U.S. if they intend to stay there for more than 90 days.

2. F-1 [top]

The F-1 visa allows foreigners to pursue a full-time course of study in the United States. The F-1 visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs. A Certificate of Eligibility (Form I-20) is needed to qualify for an F-1 visa. Vocational education is not included in an F-1 visa; for vocational education, an M visa must be obtained.

Except for on-campus employment of 20 hours a week or less, F-1 students are generally not permitted to work in the US without prior authorization from USCIS. However, the USCIS may grant work authorization for Curricular Practical Training (CPT) and Optional Practical Training (OPT). Students are permitted to work for a total of 40 months towards practical training (internship), which can be distributed between Curricular Practical Training (CPT) and Optional Practical Training (OPT). An interim order was passed recently, allowing students in STEM (Science, Technology, Engineering and Mathematics) to undergo OPT for 29 months.

3. K-1 [top]

A K-1 visa allows an individual to enter the US for the purposes of marrying a US citizen. Although K-1 is a non-immigrant visa, it is expected that K-1 visa holders will apply for conditional lawful permanent residency after getting married, and ultimately settle in the US.


C. Immigration to the U.S. [top]

1. PERM Labor Certification Applications/Immigrant Visas/Permanent Residence Applications (Green Card Process) [top]

a. Labor Certification [top]

Labor Certification is the first step in the sponsorship process for a green card. An employer must prove that there is no qualified US worker for the position being offered to the alien. If there are qualified US workers - then the foreign worker cannot be offered the position on a permanent basis. Since March 2005, a completely electronic labor certification system, PERM (Program Electronic Review Management) came into use with the intention of streamlining the process and avoiding processing backlogs. The process includes recruiting for the specific position identifying skill requirements particular to the job; verification of the prevailing wage for a position being offered. The date when the labor certification application is filed becomes the applicant's priority date. Labor Certification Application is processed by the United States Department of Labor (DOL).

b. I-140 [top]

I-140 is an Employment Based Immigrant Visa Petition where the employer applies on the alien's behalf to classify the alien under one of five employment categories. This I-140 is filed with the USCIS. There are several EB (Employment-Based) immigrant categories under which the alien may qualify, with progressively stricter requirements, but often shorter waiting times. Many of the applications are processed under the EB-3 category and EB-2 categories. When the immigrant petition is approved by the USCIS, the petition is forwarded to the National Visa Center (NVC) for visa allocation. Priority date (assigned at the time of filing the Labor Certification Application) - the visa becomes available when the applicant's priority date is earlier than the cutoff date announced on the Department of State’s Visa Bulletin or when the immigrant visa category the applicant is assigned to is announced as "current". A "current" designation indicates that visa numbers are available to all applicants in the corresponding immigrant category. Petitions with priority dates earlier than the cutoff date are expected to have visas available, therefore those applicants are eligible for final adjudication. When the NVC determines that a visa number could be available for a particular immigrant petition, a visa is tentatively allocated to the applicant. The NVC will send a letter stating that the applicant may be eligible for adjustment of status, and requiring the applicant to choose either to adjust status with the USCIS directly, or apply at the U.S. consulate abroad. This waiting process determines when the applicant can expect the immigration case to be adjudicated. When the NVC determines that an immigrant visa is available, the case can be adjudicated. If the alien is already in the USA, that alien has a choice to finalize the green card process via adjustment of status in the USA, or via consular processing abroad. If the alien is outside of the USA he/she can only apply for an immigrant visa at the U.S. consulate.

2. I-485 (Permanent Residence Application) and Advance Parole and EAD application/renewal [top]

a. I-485 [top]

When a visa number becomes available, an Adjustment of Status application may be submitted to USCIS via Form I-485, Application to Register Permanent Residence or Adjust Status. If an immigrant visa number is available, the USCIS will allow "concurrent filing": it will accept forms I-140 and I-485 submitted in the same package or may accept form I-485 even before the approval of the I-140.

Prior to filing Form I-485 (Adjustment of Status), the applicant is to have a medical examination performed by a USCIS-approved civil surgeon. The examination includes a blood test and specific immunizations, unless the applicant provides proof that the required immunizations were already done elsewhere.

b. Advance Parole, EAD application [top]

I-485 is the final step in the “green card” process. If work permit in the U.S. is needed, an EAD application is filed along with the I-485. If the applicant is planning to travel outside the U.S. during the pendency of I-485, normally an Advance Parole is needed.

3. Immigrant Visa Petitions (not requiring PERM Labor Certification) [top]

a. International Executives/Managers [top]

International Executive/Manager visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationship:  (1) parent-subsidiary; (2) home office-branch office; and (3) affiliate-affiliate. In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer. The employee should be coming to the United States company to function in an executive or managerial capacity. The employee may already be in the United States in a nonimmigrant visa status such as the L1A visa or one of the E visa classifications.

b. Outstanding Researchers [top]

To be eligible for an Outstanding Researcher immigrant petition, an applicant must show that he/she is internationally recognized for his/her outstanding achievements. In addition, the applicant must obtain the full support of an employer, through an offer of full-time, permanent employment as a Researcher. An applicant must provide evidence that he/she is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following criteria:

  1. Documentation of the alien’s receipt of major prizes/awards, e.g. Nobel Prize, for outstanding achievement in the academic field;
  2. Documentation of the alien’s membership in associations in the academic field which requires outstanding achievement for its members, e.g. a FELLOW of IEEE;
  3. Published material in professional publications written by others about the alien’s work in the academic field. Such material shall include title, date, and author of material, and any necessary translations;
  4. Evidence of alien’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field, e.g. member of doctoral panel, reviewer of a publication;
  5. Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or
  6. Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

c. Extraordinary Ability [top]

The general requirement for this category is that the individual should have risen to the "top of her/his field of endeavor." The receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria:

  1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include title, date, and author of the material and any necessary translation.

The evidence may include:

  1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
  2. Evidence of the alien’s original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field.
  3. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  4. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
  5. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  6. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  7. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

An advantage of this category is that an employer is not required to sponsor this Petition

d. National Interest Waiver [top]

To qualify for a national interest waiver the individual’s work must benefit the U.S. in the national interest. Since the term national interest has not been defined in the statute, certain factors are taken into account in determining national interest. These factors include improvement of: the U.S. economy; wages and working conditions for U.S. workers; education, health care, the environment and housing.

4. Family Based Immigrant Petitions [top]

a. I-130 [top]

I-130 is an immigrant petition filed by alien’s relative. Upon approval of I-130/visa number availability, I-485 may be filed.

b. I-485 and Advance Parole and EAD applications/renewals [top]

I-485 is the final step in the “green card” process. If work permit in the U.S. is needed, an EAD application is filed along with the I-485. If the applicant is planning to travel outside the U.S. during the pendency of I-485, normally an Advance Parole is needed.


D. Post Green Card Applications [top]

1. Re-entry Permit [top]

Re-entry Permit for Permanent Resident is needed if a permanent resident plans to reside outside the U.S. for more than one year continuously.

2. Naturalization Application (N-400) [top]

Naturalization is the process in which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

  1. A period of continuous residence and physical presence in the United States;
  2. Residence in a particular USCIS District prior to filing;
  3. Ability to read, write, and speak English;
  4. Knowledge and understanding of U.S. history and government;
  5. Good moral character;
  6. Attachment to the principles of the U.S. Constitution; and,
  7. Favorable disposition toward the United States.
    All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.