IMMIGRATION

Our Firm, which is devoted to the practice of Immigration and Nationality Law, represents clients on a wide range of issues. We have developed significant expertise in practically all aspects of Immigration, Nationality and Consular Law. The Firm handles a wide variety of immigration matters, ranging from consular representations at more than eighty (80) U.S. consulates worldwide to the formulating and processing of both immigrant and non-immigrant visas and petitions with the Department of Homeland Security at the national and local district levels in the United States .

We have prepared and successfully filed many business related petitions to bring both entrepreneurs and skilled personnel to the United States for international banking, high technology, aviation, maritime, agriculture and manufacturing clients. In addition, we have processed work permits, visas and permanent residence for many clients, skilled and unskilled workers.

We have significant experience in immigration litigation, including political asylum, and we handle all types of cases in this area especially the representation of long term legal permanent residents who find themselves in removal proceedings. We also process complex naturalization applications and claims to U.S. citizenship.

Our Firm interacts on a daily basis with the U.S. Department of State, Immigration and Naturalization Service, U.S. Department of Labor, U.S. Information Agency and U.S. Department of Health. We keep abreast of the latest developments in this dynamic and topical field of law and immediately advise our clients of any proposed changes in law or policy, which may have a negative or salutary effect on their operations.

We handle all types of immigration maters and have represented clients ranging from large multi-national corporations to many individual clients. Not only are we experienced in the filing and processing of the various immigrant and non-immigrant petitions on behalf of individuals wishing to migrate or being transferred to the U.S. , but we are also extremely well versed in all litigation aspects of immigration, especially relevant to employer sanctions.

The significance of this field has been expanded greatly since the enactment of the Immigration Reform & Control Act of 1986, which established criminal and civil penalties for US. unauthorized immigration.

IMMIGRATION ATTORNEY

Elena C. Tauler is dedicated to Immigration and Nationality Law, covering all aspects of this complex and ever changing area of law. She has represented clients from many countries before the U.S. Governmental Agencies.

Ms. Tauler has been a member of the Florida Bar since 1988. She devotes significant attention to various pro bono and charity matters, and is very active is local civic affairs.

Ms. Tauler earned her B.A. degree in Literature and Business Administration from the University of Miami . She earned her Juris Doctor degree in 1988 from the University of Miami Law School.

PARALEGAL

Cristiane Lourenco is our immigration paralegal specializing in employment and family-based immigration cases since 1998. She holds a Bahelor's degree in Business Administration from the University of Londrina , Parana , Brazil . She is fluent in Spanish and Portuguese. Cristiane has firsthand experience in almost all immigration procedures including H-B visas (Specialty Workers/Professionals), L visas (Intra-company Tranferees) , Labor Certification Applications, Reduction in Recruitment Labor Certifications, Religious Workers, Family Immigration and naturalization.

Overview of the US Immigration System

There are Seven Major Status Categories

1. Non-Immigrant Visas –– temporary visitors (work, student, visitor, etc.)
2. H-1B Visas –– Available to people in "specialty occupations"
3. Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.
4. Immigrant Visas –– lawful permanent residents (green card holders)
5. Asylees –– Asylum and refugee status holders
6. Citizens
7. Undocumented –– illegal immigrants
   

Temporary Visas ( Non-Immigrant Visas)

• B-1/B-2 Visitor's Visas
  Available to visits coming to the U.S. for business or pleasure. B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.
  
• E-1/E-2 Treaty Trader and Investor Visas
  Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.
  
• F-1 and M-1 Student Visas
  Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.
  
• H-1B Specialty Occupation (Professionals) Visas
  Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.
  
• J-1 and Q-1 Exchange Visitor Visas
  Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. Tauler Law Firm regularly handles the application process for seeking a waiver to the home residency requirement that applies to many J-1 visa holders.
  
• K-1 Fiancee Visas
  A Fiance(e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.
  
• L-1 Intracompany Transfer Visas
  L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer's U.S. affiliate. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.
  
• O-1 Extraordinary Ability Worker Visas
  The O-1 category is set aside for foreign nationals with extraordinary ability. This includes entertainers, athletes, scientists, and businesspersons.
  
• P-1 Artists and Athletes Visas
  This category covers athletes, artists and entertainers.
  
• R-1 Religious Worker Visas
  Religious workers may be eligible for an R-1 visa.
  TN Status Under the North American Free Trade Agreement
  A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement.

Permanent Residency Visas
( Immigrant Visas " Green Cards")

• Family Sponsored Immigration
  U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.
  
• EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
  
  Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.
  
• EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
  Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.
  
• EB-3 Skilled Workers and Professionals
  Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.
  
• EB-4 Special Immigrant Visas for Religious Workers
  Ministers of religion are eligible for permanent residency.
  
• EB-5 Investor/Employment Creation Visas
  Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the program - those who invest at least 0,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest ,000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.
  
• DV-1 Visas (the "Green Card Lottery")
  55,000 visas are annually allotted in a random drawing to individuals from nations underrepresented in the total immigrant pool.

Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.