After graduating from the Moritz School of Law at the Ohio State University in 1973, Mr. Randall Johnson practiced law in Ohio until 1986, when he moved to Virginia to become a member of the Virginia State Bar. He later become a member of the Bar in the District of Columbia, and was admitted to practice law before the United States Supreme Court. Soon after, he founded what would become Johnson and Masumi in Fairfax County, Virginia, under the former name “Johnson & Associates.” Approaching retirement in February, 2018, Mr. Johnson transitioned the firm to Principal Attorney Ms. Mariam Masumi Daud, an Ashburn, VA immigration attorney, under the name of Johnson and Masumi PC.
Just as Mr. Johnson envisioned over 30 years ago, our experienced attorneys work hard everyday to provide high-quality legal representation to each and every client. Johnson and Masumi is based on the core belief that liberty and justice are a fundamental right to all persons who reside in the United States. Building on Mr. Johnson’s basic principle of compassion and personal service to immigrants, Johnson and Masumi is proud to continue its tradition of excellence. We provide professional service and legal expertise while ensuring personal attention, compassion and accessibility for each of our clients.
- Ashburn, VA Immigration Visas
- Ashburn, VA Waivers
- Contact an Ashburn, VA Immigration Attorney Today
Ashburn, VA Immigration Visas
Staying abreast of the ever-changing U.S. immigration laws, Johnson & Masumi specializes in assisting individuals and businesses in Ashburn, VA in a variety of immigration law areas. In addition, our attorneys have extensive experience securing immigrant and non-immigrant visas, including:
- Employment-Based Visas (A Visas, EB 1-5, H-1B)
- Fiancé/Family Visas (K-1, K-2, K-3)
- Student Visas (F-1, J-1, M-1)
- Visitor Visas (B-1, B-2)
Ashburn, VA Employment Visas
Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are eligible, you may be able to live permanently in the United States. Learn more about the different types of visas an Ashburn, VA immigration attorney at Johnson and Masumi can help you acquire:
A visas are issued to officials who intend to travel to the United States for work. A visas are divided into three different categories: the A-1 visa, the A-2 visa, and the A-3 visa. A-1 visas are given to diplomatic officials, public ministers, and consular officials. A-2 visas are awarded to military officers, individuals who are accepted by the U.S. Secretary of State, and their immediate families. A-3 visas are granted to employees, servants, attendants, and family members of those who hold an A-1 or A-2 visa.
The EB-1 visa, is used by foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics. This classification is awarded to a small percentage of people who have risen to the top of their profession, whether they are professors, researchers or business managers.
To qualify for an EB-1 “Extraordinary Ability” Visa, the applicant must show extensive documentation to demonstrate their proficiency, such as authorship of scholarly articles; evidence supporting internationally recognized prizes or awards; or proof of the alien’s original contributions of major significance to the field.
The employment-based, “second preference” EB-2 visa is given to foreign nationals who exhibit exceptional ability* (or who hold an advanced level degree) in a particular subject. You may be eligible for an EB-2 Visa if you currently hold an advanced post-graduate degree or a bachelor’s degree with at least 5 years of employment experience. You must also submit evidence that a US-based organization who is interested in employing someone with your unique qualifications and/or experience.
*Exceptional ability is “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
The EB-3 visa, for skilled workers and professionals, is primarily for professionals with expertise a specific field, and at least a bachelor’s degree or its equivalent. To obtain an EB-3 Visa, the foreign national employee needs an employer sponsor (meaning they must have a permanent job offer from a U.S. employer). In addition, the employer must also initiate the process of obtaining an approved certification of labor from the U.S. Department of Labor.
The EB-3 Labor Certification immigrant visa is designed to allow foreign national workers to live and work permanently in the United States in situations where there are not sufficient U.S. workers who are able, willing, qualified, or available at the time of the application and where the alien is applying to work. Moreover, the employment of such aliens must not adversely affect the wages and working conditions of similarly employed U.S. workers.
You may be eligible for an employment-based, fourth preference EB-4 visa if you are considered “special immigrant worker,” and currently hold a position as a religious worker, minister, broadcaster, armed forces religious member, translator or physician.
Each of these categories comes with a separate set of requirements as to how the applicant must prove eligibility and ultimately apply. For example, for religious occupations, applicants must have been a member of a religious denomination that has a non-profit religious organization in the United States for at least two years; and solely entering the United States to work either as a minister or priest (or in a similar capacity) for the religious denomination.
The EB-5 visa is an employment-based immigrant visa category that provides permanent U.S. resident status for foreign national investors. EB-5 visas are issued through the U.S. Immigrant Investor Program, which is overseen by the U.S. Citizenship & Immigration Services (USCIS). The Program allows foreign nationals the opportunity to become conditional permanent residents for a period of two years upon making an investment of $500,000 or $1 million.
The investment (EB-5) immigration program provides two ways for wealthy people to get green cards for themselves, their spouses, and their children. These two ways are called the Individual Direct Investment and the Regional Center Investment. The Individual Direct Investment option means the money goes to one entity, or business. This business has to create ten jobs within two years using the money you invested. Regional Center Investments allow you to work with organizations that connect you to projects in the U.S. to invest in.
There are certain standards the business has to meet and both options also have a minimum amount of money you must invest. The attorneys at Johnson & Masumi can help you decide if the business (direct investment) or project (region center investment) you want to invest in meets those standards.
The H-1B visa allows businesses to sponsor highly skilled non-US citizens to work in the United States temporarily. There are specific requirements that workers have to meet in order to be approved. These requirements include possessing a job (and a high degree of proficiency) in specific areas such as IT, computing, finances, accounting, banking, engineering, medical, legal or telecommunications. Moreover, applicants must have a minimum of a bachelor’s degree in their specialized field of study, or the equivalent in years of on-the-job experience.
The employer must also submit a completed Labor Condition Application to prove that giving the non-U.S. citizen a job does not harm American workers and that they will receive the typical wage for the job they do. Keep in mind: because there are so many employers who want to hire non-U.S. citizens, the government has placed a limit on how many H-1B Visas are approved each year. An Ashburn, VA immigration attorney can help you be one of the few who make the cut.
Ashburn, VA Fiancé Visas
For Ashburn, VA based U.S. citizens who wish to marry a foreign national, Johnson & Masumi offers services in all three fiance/family-related visa categories (K-1, K-2 & K-3). These K-visas each have specific legal filing requirements, and it is therefore advisable to work with an Ashburn, VA immigration attorney who can assist you and your fiancé throughout the process. We will stop at nothing to bring you and your fiancé together!
The K-1 visa, sometimes referred to as a “fiancée visa,” allows fiancés who are non-U.S. citizens to enter the United States with their partner. Once your fiancée arrives in the U.S. on the K-1 visa, you have 90 days to get married. Once you get married, your fiancée (now wife!) must apply to the USCIS for her Green Card. If you do not get married, then your fiancée must leave the U.S. after the 90 days limit has been met.
K-1 Visa demand a host of legal eligibility requirements, including providing proof that the couple has known each other for a minimum of two years and that one of the members of the couple is a U.S. citizen. The couple must also prove that they are legally able to marry, and that they intend to marry within the 90-day period.
A K-2 visa permits children of a K-1 fiancé visa holder to enter into the United States until an immigrant visa is available for them. In order to be eligible for one of these nonimmigrant visas, the applicant must be under the age of 21 and be an unmarried child of the K-1 applicant. Children of a fiancé(e) have the opportunity to be granted a K-2 visa from his/her parent’s fiancé(e) petition.
K-3 and K-4 Visa
The K-3 visa allows the spouse of a U.S. citizen to enter the United States with a temporary legal status while waiting to obtain a green card. This is designed for immigrants who are already legally married to a U.S. citizen but who have not yet applied for permanent residence. Children of K-3 visa holders may enter the U.S. through the K-4 visa.
Ashburn, VA Student Visas
For foreign national students who which to attend college in Ashburn, VA Johnson & Masumi can offer extensive guidance throughout the student visa procurement process. Learn about the many student-based visas below.
The F-1 visa is the most common visa for students wanting to study in the United States. This is a temporary visa for foreign students who wish to enter the United States in order to continue their education at an accredited school or college. F-1 visa recipients must take a full course load of credits to maintain a status of being enrolled as a full-time student. Students are allowed to reside in the U.S. for the duration of time that it takes for them to complete their program of study and are permitted to continue their residency in the U.S. for a period of 60 days post-graduation.
The J-1 visa is called the “exchange visitor visa”. Rather than have a sponsoring employer, J-1 visa holders have sponsoring programs that are approved by the Department of State. This visa is intended for people from all over the world to gain skills in the U.S. to take back to their respective home countries. For this reason, each person that enters the U.S. under J-1 status is required to return home for at least two years before coming back to the U.S., a feature called the “home residency requirement”. To qualify, student nationals must be sponsored through an accredited Exchange Visitor Program that has been approved through the DOS (Department of State).
The M-1 visa is a “non-academic” visa for international students who wish to pursue vocational studies, non-academic studies, or enroll at a technical school within the United States. M-1 visa holders for technical and vocational programs are not permitted to work during the course of their studies. Because of this, they must provide evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of the intended stay. In order to obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in the student’s home country.
Ashburn, VA Visitor Visas
If you intend to visit the United States from another country, you may need a B-1 or B-2 visa depending on whether your trip is for business or tourism. A visitor visa is a temporary, non-immigrant visa that allows you to visit the United States to conduct business, visit family and friends, vacation, or seek medical treatment.
In general, B-1 visas are sought by those needing to conduct business in the U.S., attend a professional business conference or iron out a business contract/negotiation. That said, because eligible visitors often want to extend their trip for vacation or to visit tourist attractions, B-1 visas are often issued alongside B-2 visas for legitimate business travelers.
The B-2 visa is for travelers seeking recreational pleasures, including tourism, visiting relatives, or seeking medical care. It is also often used for visiting artists, musicians, or athletes, as well as individuals attending conventions, conferences, or similar social events. B-2 Tourist Visas do not allow the holder permission to work in the United States and require the tourist to return home after their approved stay period. Furthermore, because the can not take a job in the U.S., the must provide evidence that they have the adequate funds to cover all potential expenses before they travel to the United States.
Ashburn, VA Waivers
It can be stressful and frustrating to follow the steps of applying for a visa to the United States only to be informed you are inadmissible. Thankfully you can still apply for a waiver of inadmissibility, in most cases. There are two primary types of waivers of inadmissibility: the I-601 and the I-601a Waiver.
I-601 Hardship Waiver
The I-601 hardship waiver is for situations where a family member who is a U.S. citizen or permanent resident would experience extreme hardship if you are not allowed to live in the U.S. legally. There is no clear definition of extreme hardship, so the decision is made on a case-by-case basis, based on the quality of evidence support it. An Ashburn, VA immigration attorney can help increase your chances of being approved by making your case as clear and detailed as possible.
I-601A Provisional Waiver
The I-601A provisional waiver is for spouses, parents, and children of U.S. citizens or legal permanent residents who are inadmissible because of unlawful presence in the U.S. This could mean the person entered the U.S. without inspection, or that the person stayed in the U.S. longer than their visa allowed. Traditionally, individuals in these situations are often deported to their home country where they may have to wait for 3 or 10 years before they are able to apply for legal readmission into the United States.
The benefit of an I-601A Waiver is you can apply for the waiver of inadmissibility in the U.S. before leaving for your home country to be interviewed for an immigrant visa. This allows you to avoid the 3-year or 10 year bar while staying in the U.S. with your family while you await the approval of an immigrant visa.
It is important that you understand the application process and what steps must be taken to ensure its approval. Having the assistance of a licensed Ashburn, VA immigration attorney can help make the application process go much more smoothly.
Contact an Ashburn, VA Immigration Attorney Today
At the Johnson & Masumi, we realize that immigration is a deeply personal and often intimidating matter for our clients. Thus, we make it our focus to return every telephone call and e-mail promptly and with the most detailed answer. We work hard to deliver successful results to our Ashburn, VA clients by considering all appropriate options on the table, while relying on our extensive 30+ years of experience with U.S. immigration law. Call our offices at (703) 688-8279 or schedule a consultation with an experienced immigration attorney at Johnson & Masumi today for a comprehensive evaluation of your immigration issue. Our attorneys are waiting to hear from you!