Attorney Advertising · NY Visa Law · Immigration Practice of BIWL P.C. · 1325 Ave of the Americas, Suite 2700, New York, NY 10019 · (347) 646-0766 · Prior results do not guarantee a similar outcome. · Privacy Policy · Full Disclaimer
⚠️ Immigration Policy Notice: U.S. immigration laws and USCIS policies are subject to change without notice. EB-1/EB-2 priority dates are determined by the monthly Visa Bulletin. Consult an attorney for advice specific to your situation.
Services Updates Who We Serve Attorneys FAQ Process Fees Cases 中文版 → Free Consultation →

nyvisalaw.com · New York Immigration Law · Attorney-Led

Your Path to America

Guided by a Licensed New York Attorney, Every Step of the Way

From visa to green card, from career to family — every status represents a life story.
Bilingual · NYC-based attorneys · Personally handled, start to finish

H-1B · O-1 · L-1 NIW · EB-1A · EB-1C Marriage Green Card Mandamus Relief
EveryCase · Results-Driven
100%Attorney-Led · No Hand-Offs
1 DayResponse Commitment
EN/CNBilingual Service

Which Situation Fits You?

Select Your Path — We'll Guide You from There

🎓
Students & OPT
F-1 / OPT / STEM OPT

Graduated in the U.S. and planning to stay and work — H-1B lottery strategy and status continuity after OPT.

H-1BOPT ExtensionStatus Maintenance
View Options →
💼
Working Professionals
H-1B · O-1 · Self-Petition

Already working in the U.S. — H-1B transfers, O-1 extraordinary ability, or self-petitioning for a green card (NIW / EB-1A).

H-1B TransferO-1NIWEB-1A
View Options →
🔬
Academics & Researchers
NIW · EB-1A · EB-1B

Postdocs, professors, and STEM researchers — no employer sponsorship needed via NIW or EB-1A self-petition.

NIW Self-PetitionEB-1AEB-1B
View Options →
💍
Family & Spousal
Marriage Green Card · K-1

Applying for a green card through a U.S. citizen or LPR spouse — adjustment of status or consular processing.

Marriage Green CardI-485K-1I-751
View Options →
🏢
Corporate & Transfers
L-1 · EB-1C · Cross-Border

Executive transfers to the U.S. and cross-border business structuring — L-1 and EB-1C full planning with cross-border expertise.

L-1A / L-1BEB-1CCross-Border
View Options →

What We Do for You

We cover the full spectrum of U.S. immigration — from non-immigrant visas to naturalization. Every step personally handled by a licensed attorney.

✈️
Business / Tourism / Family Visit

For business meetings, tourism, or visiting family. We assist with DS-160 filing, document preparation, and interview coaching.

DS-160Interview PrepTalking Points
Attorney Fee
US$1,200
Gov. Fee $185
About This Service

We assist with DS-160 preparation, visa fee payment, consulate scheduling, interview document organization, and talking-point coaching to maximize approval chances.

Document Checklist
  • Valid passport (6+ months validity)
  • DS-160 confirmation page
  • Photo (per U.S. consulate requirements)
  • Employment letter / business license (if applicable)
  • Financial evidence (bank statements)
  • Home-ties evidence (property / family / employment)
  • Travel itinerary (invitation letter or hotel/flight bookings)
Key Terms
DS-160: The online nonimmigrant visa application form required for all U.S. consulate visa applications.
Home Ties: Evidence demonstrating sufficient reason to return home after the visa expires — a core factor in B visa approvals.
Schedule Free Consultation →
🎓
Student / Exchange Visitor Visa

For study, exchange programs, and language schools. We assist with the study statement, financial documentation, and home-ties evidence.

DS-160Study StatementFinancial Proof
Attorney Fee
US$1,500
Gov. Fee $185
About This Service

We assist with DS-160 filing, drafting the personal statement (study plan), organizing financial documentation, and interview preparation to ensure consistent, coherent materials.

Document Checklist
  • Valid passport
  • I-20 (F-1) or DS-2019 (J-1)
  • SEVIS fee payment receipt
  • DS-160 confirmation page
  • Acceptance letter from school
  • Study plan / personal statement
  • Financial proof (bank statements / sponsor)
  • Home-ties documentation
Key Terms
I-20: The Certificate of Eligibility issued by the school, required for F-1 visa applications.
SEVIS: Student and Exchange Visitor Information System. A SEVIS fee must be paid before applying for a visa.
Schedule Free Consultation →
💼
E-2 Investor Visa

For treaty country nationals investing and operating a business in the U.S. We provide business plan drafting, corporate structure design, and source-of-funds documentation.

Business PlanCorp. StructureRenewal 60–75%
Attorney Fee
US$5,000
Gov. Fee $315
About This Service

E-2 is for treaty country nationals investing in and operating a U.S. business. We provide a complete business plan, corporate structure design, source-of-funds documentation, and renewal services (60–75% success rate).

Document Checklist
  • Treaty country passport
  • DS-160 confirmation page
  • Business plan
  • Articles of incorporation / company registration
  • Source of investment funds documentation
  • Evidence of substantial investment (wire transfers / contracts / invoices)
  • Non-marginal enterprise documentation
Key Terms
Treaty Country: A country with a qualifying treaty with the U.S. Mainland China nationals are not eligible for E-2. Taiwan, Canada, South Korea, Japan, and many others qualify.
Non-Marginal: The enterprise must be capable of generating income beyond the investor's living expenses, such as creating jobs or making a significant economic contribution.
Schedule Free Consultation →
💍
Fiancé(e) Visa

Helps a U.S. citizen's foreign fiancé(e) enter the U.S. and complete the marriage green card process. We track from I-129F filing through entry.

I-129FK-2 Children
Attorney Fee
US$3,500
Visa Fee $265
About This Service

K-1 allows a foreign fiancé(e) to enter the U.S. Marriage must occur within 90 days of entry, followed by a marriage green card application. We track the entire process from I-129F filing through consular interview and entry.

Document Checklist
  • U.S. citizen petitioner's passport / proof of citizenship
  • Foreign fiancé(e)'s passport
  • Form I-129F
  • Evidence of in-person meeting within 2 years (photos / tickets / communication records)
  • Divorce / death certificate if previously married
  • Financial support (Form I-134)
  • Medical examination (if required by consulate)
Key Terms
I-129F: The petition form filed by a U.S. citizen for a foreign fiancé(e) — the starting point of the K-1 process.
90-Day Rule: K-1 visa holders must marry the U.S. citizen petitioner within 90 days of entering the U.S., or must depart.
Schedule Free Consultation →
🏢
H-1B Specialty Occupation

Employer-sponsored work visa for specialty occupations. We handle Cap registration, LCA coordination, full petition preparation, and RFE response.

Cap Reg. $750+Full Petition $3,500+Transfer/Ext $4,000+
Starting Registration Fee
US$750
Reg. Fee $215
About This Service

H-1B is an employer-sponsored work visa for specialty occupations. Cap registration opens each March ($215). We handle registration, LCA coordination, full I-129 preparation, and RFE response.

Document Checklist
  • Passport and current visa / status documents
  • Educational credentials (degree certificates / credential evaluation)
  • Employer offer letter / job description
  • LCA (Labor Condition Application)
  • Employer tax / business documents (EIN, financials)
  • Resume (covering relevant work experience)
  • Expert opinion letter (if required)
Key Terms
H-1B Lottery: Annual H-1B slots are limited (65,000 regular cap + 20,000 master's exemption). Registration is required for a random computerized lottery; only selected registrations may proceed to petition.
LCA (Labor Condition Application): Filed with DOL. Employers must commit to paying at least the prevailing wage for the position and location.
Specialty Occupation: The position must require at minimum a bachelor's degree in a directly related field.
Schedule Free Consultation →
O-1 Extraordinary Ability Visa

For individuals with extraordinary ability in science, arts, business, education, or athletics. No annual cap — file any time of year.

O-1A Science/BusinessO-1B ArtsAgent Petition
Attorney Fee
US$6,500
I-129 $1,055
About This Service

O-1 has no annual cap, no lottery, and can be filed year-round. The applicant must demonstrate top-of-field status by satisfying at least 3 of the statutory criteria. Premium Processing available (~15 business days).

Document Checklist
  • Passport and current status documents
  • Employer / Agent support letter
  • 3–5 independent expert recommendation letters
  • Awards / honors certificates (if any)
  • Publications / patents / citation evidence (O-1A)
  • Media coverage screenshots / links
  • Evidence of high salary relative to peers (offer / W-2)
  • Peer review / judging panel credentials (if any)
Key Terms
O-1A vs O-1B: O-1A covers science, technology, business, and athletics; O-1B covers arts and entertainment. Standards differ slightly between categories.
Agent Petition: For freelancers or multi-employer scenarios, an industry agent or attorney can file as the agent on behalf of the beneficiary.
Schedule Free Consultation →
🌐
L-1 Intracompany Transfer

For multinational executives (L-1A) or specialized knowledge employees (L-1B) transferring to a U.S. affiliate. A key path to EB-1C green card.

L-1A ExecutiveL-1B SpecialistNew Office
Attorney Fee
US$8,500
I-129 $1,055
About This Service

Applicant must have worked at a qualifying foreign entity for at least 1 continuous year in the past 3 years. L-1A (executive/manager) leads directly to EB-1C green card — the most stable corporate path. New office petitions are initially approved for 1 year only.

Document Checklist
  • Passport and current visa / status documents
  • Qualifying relationship between foreign and U.S. entities (ownership / org chart)
  • Foreign company employment evidence (1+ year)
  • Job descriptions (foreign + U.S.) showing executive / specialized knowledge functions
  • U.S. company business documentation (EIN / registration / financials)
  • New office business plan (if applicable)
Key Terms
L-1A vs L-1B: L-1A is for executives/managers (max 7 years, path to EB-1C); L-1B is for specialized knowledge employees (max 5 years).
New Office: A U.S. entity in operation for less than 1 year. Initial L-1 is approved for only 1 year; renewal requires demonstrating substantial business operations.
Schedule Free Consultation →
🇨🇦
TN USMCA Professional

For Canadian and Mexican citizens under USMCA. Fast entry to work in the U.S. — available via port of entry or consular application.

Port of EntryConsular
Attorney Fee
US$2,500
About This Service

TN has no cap. Canadian citizens can apply directly at a port of entry; Mexican citizens must first obtain a consular visa. The position must be on the USMCA list of qualifying professions (engineers, accountants, lawyers, etc.).

Document Checklist
  • Canadian / Mexican passport
  • Employer offer letter (noting position, salary, duration)
  • Educational credentials (relevant to the position)
  • Professional license / certification (if applicable)
Key Terms
USMCA Qualifying Professions: TN only applies to specific listed professions — always confirm the role is listed. Common examples: Engineer, Accountant, Lawyer, Scientist, Computer Systems Analyst.
Schedule Free Consultation →
👨‍👩‍👧
I-130 Family Petition

For U.S. citizens or permanent residents petitioning for a spouse, parent, child, or sibling to immigrate.

Spouse/Parent/ChildSiblings
Attorney Fee
US$1,500
Gov. Fee $625
About This Service

I-130 is the first step in family-based immigration, filed by a U.S. citizen or permanent resident for a qualifying relative. After approval, the beneficiary waits for a visa number before proceeding further.

Document Checklist
  • Petitioner's passport / green card / naturalization certificate
  • Beneficiary's passport and birth certificate
  • Relationship evidence (marriage certificate / birth certificate)
  • Divorce decree (if previously married)
Key Terms
Priority Date: The waiting period start date established when I-130 is approved. China-born family preference beneficiaries may face multi-year waits.
Schedule Free Consultation →
💕
Marriage-Based AOS (I-485)

One-stop marriage green card inside the U.S. through I-130 + I-485, including EAD work permit, advance parole, and interview preparation.

I-130+I-485+AP+EADInterview Prep
Attorney Fee
US$3,500
I-485 $1,440
About This Service

For foreign spouses inside the U.S. File I-485 concurrently with or after I-130, along with EAD and Advance Parole, allowing work authorization and international travel without waiting for green card approval.

Document Checklist
  • Passport and all visa / entry records
  • Marriage certificate (with certified translation)
  • Bona fide marriage evidence (joint accounts / lease / photos)
  • Form I-864 Affidavit of Support
  • Medical examination (Form I-693)
  • Birth certificate
  • Divorce decree (if previously married)
  • Police clearance certificate (if required)
Key Terms
EAD (Employment Authorization Document): Can be filed simultaneously with I-485. Typically approved in 4–6 months, allowing legal employment before the green card is issued.
AP (Advance Parole): Required for leaving and safely re-entering the U.S. while I-485 is pending.
Schedule Free Consultation →
🌏
Family Consular Processing (NVC)

For applicants outside the U.S. obtaining an immigrant visa through NVC and a U.S. embassy interview. Full guidance on document preparation.

NVC PrepConsular Interview
Attorney Fee
US$2,500
Visa Fee $325/person
About This Service

After I-130 approval, the case transfers to the NVC, which collects fees and documents before scheduling a U.S. embassy interview. We guide the DS-260 completion and full interview preparation.

Document Checklist
  • Passport (6+ months validity)
  • Form DS-260 immigrant visa application
  • Birth certificate (with certified translation)
  • Marriage certificate (if applicable)
  • Police clearance certificate
  • Medical examination (designated civil surgeon)
  • Form I-864 Affidavit of Support
Key Terms
NVC (National Visa Center): After I-130 approval, the NVC collects required documentation and schedules the consular interview.
Schedule Free Consultation →
🔓
I-751 Remove Conditions

Conditional green card holders must file within 90 days before expiration to remove conditions and obtain a 10-year permanent green card. Requires evidence of a bona fide marriage.

Joint PetitionWaiver priced separately
Attorney Fee
US$2,000
I-751 $700
About This Service

Conditional green card holders must jointly file I-751 within 90 days before expiration, or file individually in special circumstances (divorce, abuse, or extreme hardship waiver). Comprehensive bona fide marriage evidence is required.

Document Checklist
  • Copy of conditional green card
  • Marriage certificate
  • Joint bank account statements
  • Joint lease / property ownership documents
  • Joint tax returns
  • Joint insurance (health / auto / life)
  • Family photos (various dates after marriage)
  • Spouse's personal statement (if needed)
Key Terms
Joint Petition: Filing I-751 jointly with your spouse — the most common path to removing conditions.
Waiver: Exemption from the joint filing requirement, available in cases of divorce, abuse, or extreme hardship. Additional documentation required.
Schedule Free Consultation →
🔬
EB-2 National Interest Waiver (NIW)

No employer sponsorship required. Researchers, engineers, and entrepreneurs can self-petition by demonstrating work of substantial national importance to the U.S.

Self-PetitionNo Employer NeededSTEM-Friendly
⚠ Priority Date Notice: EB-2 NIW for China-born applicants is subject to a visa backlog. Priority date availability is determined by the monthly Visa Bulletin. Please consult an attorney for current status.
Attorney Fee
US$5,000
I-140 $715 + $600
About This Service

NIW allows EB-2 applicants to bypass employer sponsorship and PERM by self-petitioning under the Dhanasar three-prong test. Applicable to STEM, academia, healthcare, and entrepreneurship. Often filed simultaneously with EB-1A for a dual-track strategy.

Document Checklist
  • Passport and current status documents
  • Educational credentials (degree + transcripts)
  • List of publications and citation evidence
  • 3–6 independent expert recommendation letters
  • Patent certificates (if any)
  • Awards / honors documentation (if any)
  • Media coverage (if any)
  • CV / resume (full academic and professional history)
Key Terms
Dhanasar Three-Prong Test: ① Proposed endeavor has substantial merit and national importance; ② Applicant is well-positioned to advance it; ③ Waiving the employer requirement would benefit the U.S. overall.
Self-Petition: Filing I-140 in your own name without employer sponsorship. Allows job changes during the process.
Schedule Free Consultation →
🏆
EB-1A Extraordinary Ability Green Card

For scientists, artists, and business leaders who have risen to the top of their field. No employer required — self-petition directly.

Self-Petition
⚠ Priority Date Notice: EB-1 priority dates are subject to the monthly Visa Bulletin and USCIS announcements. Please consult an attorney for current status.
Attorney Fee
US$7,000
I-140 $715 + $600
About This Service

Must satisfy at least 3 of USCIS's 10 evidentiary criteria, or provide evidence of a one-time major achievement (e.g., Oscar or Nobel Prize equivalent). No employer required. EB-1 priority dates are generally shorter than EB-2.

Document Checklist
  • Passport and current status documents
  • Awards / honors (national / international level)
  • Professional association membership requiring outstanding achievements
  • Media coverage (mainstream or trade publications)
  • Peer review / judging panel documentation
  • Publications and citation data
  • High salary evidence (above peers)
  • Critical role at distinguished organization
  • 3–5 independent recommendation letters
Key Terms
10 Evidentiary Criteria: USCIS regulatory criteria for EB-1A. Meeting at least 3 (or providing evidence of a one-time major achievement) triggers the full merits adjudication.
Schedule Free Consultation →
🎓
EB-1B Outstanding Researcher / Professor

For researchers and professors who are internationally recognized as outstanding in their field. Requires employer sponsorship and a permanent research position.

Employer Required
⚠ Priority Date Notice: EB-1 priority dates are subject to the monthly Visa Bulletin and USCIS announcements. Please consult an attorney for current status.
Attorney Fee
US$7,000
I-140 $715 + $600
About This Service

Must have at least 3 years of research experience and satisfy at least 2 of 6 criteria. Requires employer sponsorship (university, research institution, or private company R&D department) and a permanent research position offer.

Document Checklist
  • Passport and current status documents
  • Employer offer letter (specifying permanent research position)
  • Evidence of at least 3 years of research experience
  • List of publications and citation evidence
  • Major awards documentation (if any)
  • Peer review credentials (if any)
  • Evidence of original scientific contributions to the field
  • At least 2 independent recommendation letters
Key Terms
Permanent Position: EB-1B requires the employer to offer a permanent research position — temporary or visiting positions do not qualify.
Schedule Free Consultation →
🏙️
EB-1C Multinational Executive

For executives and managers of multinational companies, via L-1A or direct employer sponsorship. The most reliable corporate green card path.

Employer RequiredL-1A to Green Card
⚠ Priority Date Notice: EB-1 priority dates are subject to the monthly Visa Bulletin and USCIS announcements. Please consult an attorney for current status.
Attorney Fee
US$8,500
I-140 $715 + $600
About This Service

Applicant must have served in an executive or managerial role at a qualifying foreign affiliate for at least 1 year in the past 3 years, sponsored by the U.S. entity. L-1A holders transitioning to EB-1C have the most streamlined path.

Document Checklist
  • Passport and current status documents
  • Foreign employment evidence (executive/managerial role, 1+ year)
  • Qualifying relationship between entities (ownership structure / org chart)
  • U.S. entity business documentation and financial standing
  • U.S. position description (executive / managerial functions)
  • Employer support letter
Key Terms
Executive/Managerial Function: Must demonstrate actual managerial authority — not merely the title. Must have subordinate staff or responsibility for a key function or component.
Schedule Free Consultation →
📋
PERM + I-140 Full Process

Traditional employer-sponsored green card path including PERM labor certification and I-140 immigrant petition. For EB-2 and EB-3 categories.

EB-2EB-3Ads/PWD billed separately
Attorney Fee
US$5,500
Ads/PWD separate
About This Service

PERM requires the employer to demonstrate to DOL that no qualified U.S. workers are available for the position. Recruitment advertising takes approximately 3–6 months. The full PERM + I-140 process takes 12–24 months, not including priority date waiting.

Document Checklist
  • Passport and current status documents
  • Educational credentials (matching job requirements)
  • Work experience evidence (meeting minimum years required)
  • Form ETA-9089 (PERM application)
  • Recruitment advertising records (per DOL requirements)
  • Prevailing Wage Determination (PWD)
Key Terms
PERM: Program Electronic Review Management — the DOL labor certification process, and the first step in traditional EB-2/EB-3 sponsorship.
PWD (Prevailing Wage Determination): DOL-determined minimum wage for the position and location. Employers must commit to paying at least this amount.
Schedule Free Consultation →
🟢
Employment-Based AOS (I-485)

After I-140 approval and priority date becomes current, file I-485 inside the U.S. to adjust status and obtain permanent resident card.

Primary ApplicantDependents extra
Attorney Fee
US$2,000
I-485 $1,440
About This Service

After priority date becomes current, file I-485 inside the U.S. to obtain permanent residency, along with EAD and Advance Parole. Typically requires a USCIS biometrics appointment; some cases require an interview.

Document Checklist
  • I-140 approval notice
  • Passport and all entry / exit records
  • Birth certificate (with certified translation)
  • Medical examination (Form I-693)
  • Form I-864 Affidavit of Support (if required)
  • Police clearance certificate (if required)
  • Marriage / divorce certificate (if applicable)
Key Terms
Priority Date Current: Your I-140 priority date must fall before the Final Action Date in the current month's Visa Bulletin before you can file I-485.
Schedule Free Consultation →
⚖️
Mandamus / AAO / BIA Litigation

Federal court Mandamus action against unreasonable USCIS delays, and administrative appeals through AAO or BIA.

Mandamus $7,500+AAO/BIA $5,000+
Attorney Fee
US$5,000
Phased billing
About This Service

When USCIS unreasonably delays adjudication of a filed petition, we can file a Mandamus action in federal district court to compel USCIS to act. In most cases, USCIS takes action within 3–6 months of the complaint being filed.

Document Checklist
  • All receipt notices (Form I-797)
  • Case delay timeline (demonstrating unreasonable processing time)
  • USCIS correspondence records (service requests / inquiry letters)
  • Passport and current status documents
  • Copy of original petition / application materials
Key Terms
Mandamus: A federal court order compelling a government agency to perform a legal duty. Used when USCIS unreasonably delays action on a pending case.
AAO (Administrative Appeals Office): USCIS's internal appellate body. Handles appeals of denied petitions including I-140.
BIA (Board of Immigration Appeals): Reviews decisions from immigration judges.
Schedule Free Consultation →
🇺🇸
Naturalization (N-400)

Apply for U.S. citizenship after meeting residency requirements. We assist with N-400 preparation, civics test study, and interview coaching.

StandardComplex cases: quote
Attorney Fee
US$1,500
N-400 $710
About This Service

Apply after meeting the continuous residence requirement — typically 3 years for spouses of U.S. citizens, 5 years for others. Must pass the English and civics tests and attend a naturalization ceremony.

Document Checklist
  • Green card (permanent resident card)
  • Passport
  • Travel records (departure / return log)
  • Tax returns (last 5 years)
  • Marriage certificate (if applying through spousal path)
  • Police clearance certificate (if required)
Key Terms
Continuous Residence: Must maintain continuous U.S. residence prior to filing. Generally, a single trip abroad cannot exceed 6 months, and total absences must not break continuity.
Schedule Free Consultation →
🔄
Extension / Change of Status

Extend or change your nonimmigrant status while in the U.S. to avoid unlawful overstay.

ExtensionChange of Status
Attorney Fee
US$1,200
I-539 $470
About This Service

Extend your authorized stay or change to a different nonimmigrant status before your current status expires. Must file before the expiration date — you cannot apply after status has lapsed.

Document Checklist
  • Passport and current visa
  • Form I-94 arrival/departure record
  • Explanation for extension / change of status
  • Supporting documents (enrollment letter / employer letter)
  • Financial proof (if required)
Schedule Free Consultation →
💳
Green Card Renewal / EAD / AP

Green card renewal (I-90), Employment Authorization Document (EAD), and Advance Parole (AP) applications.

I-90I-765I-131
Attorney Fee
US$800
+ Gov. Fees
About This Service

Green card renewal (I-90) should be filed 6 months before expiration. EAD must be timely renewed to maintain work authorization. Advance Parole is required for travel outside the U.S. while I-485 is pending.

Document Checklist
  • Copy of current green card / EAD / AP
  • Passport
  • Passport-style photo (per USCIS requirements)
  • Statement of reason for filing (if applicable)
Schedule Free Consultation →

Our Commitment to You

We don't just file forms. We walk this journey with you — protecting every milestone with expertise and care.

01
Full Bilingual Support

From first consultation to final approval — every detail communicated clearly in English and Chinese. No legal jargon left unexplained.

02
Dedicated Attorney, One-on-One

A licensed immigration attorney handles your case personally — no outsourcing, no hand-offs to paralegals. Response within 1 business day, always.

03
Transparent Fees, No Surprises

Fixed-fee quotes in writing before you sign. Attorney fees and government fees listed separately. RFE and supplemental filings disclosed upfront. Zero surprise invoices.

04
Cross-Border & Corporate Expertise

Extensive experience with cross-border business structures, executive intracompany transfers, and technology talent visas. Your strongest partner for U.S. expansion.

Key Immigration Policy Updates

For General Reference Only — Consult an Attorney for Your Specific Situation

The following reflects recent policy developments relevant to applicants. Information is updated quarterly and subject to change. This is general information only and does not constitute legal advice.

NIW · EB Employment Green Card Updated: Q1 2025 · For reference only — subject to change
NIW Scrutiny Has Increased — Petition Quality Matters More Than Ever

USCIS has raised the bar on Dhanasar prong 3 — "waiver is in the national interest" — requiring more concrete, case-specific arguments beyond publication counts alone. Meanwhile, EB-2 priority dates for China-born applicants remain extended; filing both NIW and EB-1A concurrently is now a common risk-mitigation strategy.

Assess Your NIW Eligibility →
H-1B · Visa Status Updated: Q1 2025 · For reference only — subject to change
Missed the H-1B Lottery? Alternative Paths Require Early Planning

After H-1B lottery results are released, applicants on OPT or STEM OPT must plan ahead before their authorization expires. O-1 (no cap), TN (Canadian/Mexican citizens), and L-1 (intracompany transfers) each have distinct eligibility requirements. Early attorney evaluation is critical — paths differ by background.

Explore Alternative Visa Options →

Meet Our Attorney Team

All immigration legal services through NY Visa Law are handled by licensed attorneys of BIWL P.C., admitted in New York State. Every case is personally managed by a licensed attorney — no outsourcing, no hand-offs.

BIWL P.C. Law Firm
BIWL P.C. — Bridging Innovation and the World
New York State Bar · Licensed

BIWL P.C. is a full-service international law firm headquartered in New York, with practice areas spanning immigration, cross-border transactions, corporate securities, and intellectual property. NY Visa Law is the firm's dedicated immigration practice line.

📋 This website is the immigration practice of BIWL P.C. All legal services are provided by attorneys licensed in New York State. For attorney credentials and bar admission details, please contact us or visit the BIWL P.C. Professionals page.

Frequently Asked Questions

Can't find your answer? Contact us — free initial consultation.

Missing the H-1B lottery doesn't mean you're out of options. Common alternatives include: O-1 (no cap, no lottery — for those with extraordinary achievements); TN for Canadian or Mexican citizens; L-1 for intracompany transferees; E-2 for treaty country investors; or remaining on F-1 OPT/STEM OPT while preparing for next year's H-1B. Consult an attorney early to evaluate your best path.
There's no strict degree requirement for NIW, but most successful applicants hold a master's or PhD. The core is satisfying the three-prong Dhanasar test: ① your work has substantial merit and national importance; ② you are well-positioned to advance it; ③ waiving the employer sponsorship requirement benefits the U.S. overall. STEM, healthcare, education, and entrepreneurship fields have natural advantages. Recommendation letter quality and the petition letter's legal argument are often decisive — consult an attorney for evaluation.
Adjustment of Status (I-485): For spouses of U.S. citizens, typically 12–18 months. Spouses of permanent residents must wait for the F2A priority date — currently about 24–36 months. After filing I-485, you can simultaneously apply for an EAD work permit (approximately 4–6 months) and begin working before the green card is approved.

Consular Processing (NVC): Typically 18–24 months depending on the consulate.
Both allow self-petition without employer sponsorship, but differ in threshold and visa availability:

EB-1A — Higher bar; must satisfy at least 3 of 10 USCIS criteria (awards, citations, media, high salary, etc.). EB-1 priority dates are generally shorter than EB-2 for China-born applicants, though subject to the current Visa Bulletin.
NIW — More accessible threshold; focuses on demonstrating national importance of your work. EB-2 for China-born applicants currently has a longer wait.

Recommended strategy: if eligible, file both I-140 petitions simultaneously — NIW locks in an earlier priority date, EB-1A targets faster visa availability. Consult an attorney for your specific situation.
Free consultations run 20–30 minutes with a licensed attorney (English and Chinese available, phone or video). The attorney will review your background, current immigration status, goals, and timeline, then give you a clear, direct recommendation.

Recommended preparation: Current visa/status, educational background, work history, any prior immigration filings, target timeline, whether employer sponsorship is available, and your country of birth.
An RFE does not mean denial, but it demands a strong, timely response. RFEs carry a strict deadline — typically 87 days. Failure to respond results in automatic denial.

For all existing clients, we commit to initiating RFE response preparation within 48 hours at no additional charge within the original engagement scope. If your case was handled elsewhere and you've received an RFE, contact us immediately — time is critical.

Six Steps to Approval

From free consultation to final approval — your attorney proactively monitors every milestone so you can focus on what matters.

1
Free Consultation

A 20–30 minute in-depth assessment with a licensed attorney (English and Chinese available, phone or video). We identify your background, risks, timeline, and recommend the clearest path forward.

2
Engagement Agreement

Scope of services, fees, and payment milestones confirmed in writing before we begin. No hidden clauses — everything agreed upon upfront.

3
Document Collection

We send a tailored checklist and assist with notarization, translation, and document organization. Every document reviewed by your attorney before filing.

4
Preparation & Filing

Your attorney drafts all petition materials and supporting statements. You review and approve, then we file at the optimal time for your case.

5
Case Tracking & RFE Response

Monthly status updates on your case. If an RFE or NOID is issued, we initiate a response within 48 hours — at no additional charge within the original engagement scope.

6
Approval & Beyond

After approval, we proactively alert you to renewal deadlines and help plan your next step — naturalization, status upgrades, and long-term immigration strategy.

Complete Fee Reference

For service details and document checklists, see the service cards above. This table is for overall comparison and government fee reference. Attorney fees confirmed in written engagement agreement.

⚠️ Note: All prices are starting attorney fees only and exclude USCIS/DOS government filing fees. Government fees are subject to change without notice. Premium Processing, dependent cases, and RFE responses billed separately. Final quote confirmed in written engagement agreement.
Typically Included
  • Free initial legal assessment (20–30 min)
  • Form preparation, review, and signing guidance
  • Petition letter / support letter drafting
  • Document checklist and preparation guidance
  • Recommendation letter framework (NIW / EB-1A / O-1)
  • Translation coordination (not third-party translation fees)
  • USCIS receipt and approval notice tracking
  • RFE / NOID response (within original engagement scope)
Typically Excluded
  • USCIS / DOS government filing fees (paid separately)
  • Premium Processing fee $2,805 (paid directly to USCIS)
  • Derivative beneficiaries / dependents (quoted separately)
  • NVC / consular processing stage (quoted separately)
  • Third-party translation, notarization, and courier fees
  • RFEs outside original engagement scope (quoted separately)
  • PERM labor certification advertising costs
Note: Exact scope confirmed in writing prior to engagement. Government fees verified at time of filing per USCIS / DOS. Attorney fee schedule subject to quarterly internal review. Prior results do not guarantee a similar outcome.
ServiceDescriptionAttorney FeeGov. Fee (ref.) *
Non-Immigrant Visas
Business / Tourism / Family VisitB-1/B-2$1,200$185
Student / Exchange VisitorF-1 / J-1 / M-1 Student Visa$1,500$185
E-2 Treaty Investor VisaE-2 Treaty Investor$5,000$315
K-1 Fiancé(e) VisaK-1 / K-2 Fiancé(e) Visa$3,500I-129F $675 + Visa Fee $265
Work Visas
H-1B Cap RegistrationH-1B Cap Registration$750$215
H-1B Full PetitionH-1B Full Petition$3,500$1,055
H-1B Transfer / ExtensionH-1B Transfer / Extension$4,000$1,055
O-1 Extraordinary AbilityO-1A / O-1B$6,500I-129 $1,055 or consular $205 †
TN USMCA ProfessionalTN (USMCA Professional)$2,500
L-1 Intracompany TransferL-1A / L-1B Intracompany$8,500I-129 $1,055 or consular $205 †
Family-Based Immigration
I-130 Family PetitionI-130 Family Petition$1,500$625
Marriage-Based AOS (I-485)Marriage-Based AOS$3,500$1,440
Family Consular ProcessingFamily Consular Processing$2,500$325/person
I-751 Remove ConditionsI-751 Remove Conditions$2,000$700
Employment-Based Green Cards
NIW National Interest WaiverEB-2 National Interest Waiver$5,000$715 + $600
EB-1A Extraordinary AbilityEB-1A Extraordinary Ability$7,000$715 + $600
EB-1B Outstanding ResearcherEB-1B Outstanding Researcher$7,000$715 + $600
EB-1C Multinational ExecutiveEB-1C Multinational Executive$8,500$715 + $600
PERM + I-140 Full ProcessPERM Labor Cert. + I-140$5,500Ads/PWD separate
Employment-Based AOS (I-485)Employment-Based AOS$2,000$1,440
Status Maintenance
Naturalization (N-400)Naturalization$1,500$710
Extension / Change of StatusExtension / Change of Status$1,200$470
Green Card Renewal / EAD / API-90 / I-765 / I-131$800+ Gov. Fees
Mandamus / AAO / BIA LitigationLitigation & Appeals$5,000Phased billing

* Government fees for reference only. Always verify at uscis.gov/fees before filing — subject to change without notice. Attorney fees last updated: 2025.
† O-1 / L-1: I-129 filing fee $1,055 for U.S.-based petitions; $205 consular fee for overseas consular applications.

Real Cases, Real Voices

Every case is unique. Here's what our clients say.

"
★★★★★

"The attorney conducted an incredibly thorough analysis of my NIW case, identifying the strongest arguments. The entire process was transparent, with clear updates at every stage. Approved on the first attempt — deeply grateful."

W. ██, Postdoctoral ResearcherEB-2 NIW · Approved 2024✓ Approved
"
★★★★★

"We had a complex H-1B situation with a company change and specialty occupation question. The attorney handled the RFE expertly. Approved within 3 weeks of response. Highly recommend."

Michael T., Software EngineerH-1B Transfer + RFE · Approved 2025✓ Approved
"
★★★★★

"Our attorney prepared everything thoroughly for our marriage-based green card. The I-751 package was approved in one shot. What moved us most — every email was answered the same day, without exception."

L. ██ & C. ██, Marriage Green CardMarriage AOS + I-751 · Approved 2024✓ Approved
⚠️ Prior results do not guarantee a similar outcome. Each case involves unique facts and circumstances. Immigration laws and USCIS review standards may change at any time. All testimonials published with written client authorization. Names partially anonymized for privacy. Attorney Advertising.
Schedule Your Free Consultation

20–30 min · Phone or Video · English & Chinese

📍
Address
1325 Ave of the Americas, Suite 2700
New York, NY 10019
💬
WeChat
LEGALNY
🕐
Hours
Monday – Friday
9:00 AM – 6:00 PM EST
Consultation Request
📋 Submitting this form does not create an attorney-client relationship and is not protected by attorney-client privilege prior to a signed engagement agreement.
By submitting, you consent to being contacted by email or phone. All information kept confidential. See our Privacy Policy.
Thank You!
We'll be in touch within one business day.

For immediate assistance, email contact@biwlawpc.com