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Providing detailed guidance & creative legal solutions
to achieve our clients' goals
Since 1993, The Law Office of David Yurkofsky, Attorney At Law has provided US immigration legal expertise & creative
legal solutions for employment based Visas, Green Cards & US Citizenship as well as family based applicants for Visas & Green Cards through their US Citizen & Permanent Resident --- relatives --- including by marriage to a US Citizen.
The office represents corporations & their highly skilled foreign executives as well as small businesses, start ups and individuals from all walks of life, including entrepreneurs, scientists, educators, athletes, artists and professionals in a wide variety of industries such as information technology, financial services, energy, health care, entertainment, digital media, and more.
Many of our clients invest substantially in the USA, opening new offices that create new jobs for Americans through E-2, E-1, L-1 & Eb-5. Our new Regional Center affiliation will soon be ready for investors & their family members to gain permanent US residency ("Green Cards") while creating full-time employment for many US citizens. In addition there are today, many regional centers across the USA that are now ready to accept investments on behalf of EB-5 candidates.
We are proud of our outstanding approval record (99% rate of approval) for every temporary working visa category, including: H1-b, O-1, L-1, E-3, E-2, E-1 & J-1; as well as both employment and family based U.S. permanent residence (immigrant visas "aka" green cards) & US Citizenship.
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About Us
Our office is headed by David E. Yurkofsky, Attorney At Law. Mr. Yurkofsky was admitted to the NY State bar in 1987. Mr. Yurkofsky is also admitted in both the 1st and 2nd Federal District Courts.
He began focusing on immigration and nationality law in 1992 as a volunteer for Catholic Charities, with the representation of African Immigrants requesting Political Asylum.
Over time his focus moved from these less fortunate immigrants to those with the most most extraordinary talents and abilities from every nation, including: artists, entertainers, scientists, business executives, athletes and more.
A small sample of his extraordinary international clients from around the globe include:
* The Founder of Green Peace
* A former President of Venezuela
* The CEO of America's Largest Oil/Energy Super Tanker-Shipping company
* The CEO of the Austral-Asian division of the worlds most prestigious international Investment Firm
* A leading Research Scientist in the Transmission of the HIV Virus
* International Awarded Film/TV Directors, Producers, Writers, Actors, Editors, DPS, Motion Graphic Artists, The creator of new 3-D Software for films/TV and Video games
* Wine and Whiskey Experts
* Professional Tennis Players, Coaches, Billiard Players and more
* Leading Craftsman, including world famous violin maker
* Internationally Awarded Fine Artists including painters and sculptors and multi-media installation artists
* Dancers in all genres including: Break-Dancer/Hip hop, Tango, Ballet, Modern
Mr. Yurkofsky served as Chair of the Continuing Legal Education Committee of the New York Chapter of the American Immigration Lawyers Association from 2002 to 2004. His insights on the O-1 visa and the new H1-b regulations have appeared in a variety of publications and he continues to give live presentations to a variety of organizations. In his spare time, he enjoys playing tennis, skiing and music.
Our Record of Service
Using creative solutions, we have maintained a superb record of obtaining visas, especially O-1's, E-2's, E-1's, H1-b's, L-1's, J-1's, & Permanent Residence for people who have reached the top of their field as well as less experienced foreign nationals who had been advised that there was no solution to their immigration situation.
We accept cases from all kinds of people from recent college graduates to PH D's, recepients of national and international awards in all industries from seasoned experts to young lesser known prodigies in all fields, including: arts & entertainment, finance, software/IT solutions, energy, manufacturing, marketing and sales, medicine, sports, science, education and more.
Our office has succeeded in obtaining approvals for people who had previously received a "denial" of their visa application (using a firm other than our own to represent them). Thus, people who had recently received a denial of their application for an O-1 visa, Eb-1/ green card as well as other visa categories -----received an approval after retaining our office to represent them. We wil not always agree to re-file a case for someone who has previously been denied unless we feel that the case can be better presented and that the client really does meet the criteria.
Click here to view a selection of O-1 Visa approvals for people with "extraordinary ability" in an array of fields.
Our Commitment
All clients will be given direct access to our lead attorney, David E. Yurkofsky, whether by telephone, email, on-line consultation or in-person to insure that all possibilities are explored and that cases are approved as efficiently as possible. Using Internet sources available only to a select group of immigration attorneys world-wide, our office keeps abreast of the latest changes in law and procedure on a daily basis.
Please Note: Preparing non-immigrant and immigrant visa applications requires extensive documentation. Preparing an O-1 visa or EB-1 application requires a tremendous amount of work and commitment on our part as well as on the part of our clients. Our office will often devote 5 to 10 times the amount of time and energy for an O-1 visa or Eb-1 application as compared to other visa categories.
On occasion, although our office will not "shy away" from a difficult case, we may advise our clients that they are not yet ready for the O-1 visa, Eb-1 green card (or other requested visa status). In this event, we will suggest other visa options ----- if relevant ----- until perhaps they have built enough "credentials" (evidence) to obtain their ideal visa category.
In addition, just because a client has an O-1 visa--doesn't mean they are "extraordinary enough" to obtain a green card based on extraordinary ability (EB-1) ---as EB-1 requires an even higher standard of evidence than O-1. We will first conduct a detailed analysis and hold a discussion with our client to see if their talents and expertise rise to the level required to file a winning Eb-1 application. If not, we will examine other options for obtaining US permanent residence or extensions of non-immigrant visa status.
Schedule Consultation
We are here to answer your questions. David Yurkofsky, Attorney At Law, has been providing individuals, small firms and HR Directors of large multinational companies with consultation/analysis -globally--since 1993.
After you fill out and submit the form below, Mr. Yurkofsky will review your questions and e mail you to let you know if a consultation/analysis is appropriate based on the information you provide in your email, and if so, what it will cost to begin the process for your case. He may also wish to speak with you briefly before moving forward.
About The Consultation Process
The Consultation with Immigration Attorney, David Yurkofsky includes:
The consultation/analysis is designed so that our clients will be able to choose the best plan of action to achieve their short and long term goals for living and working in the United States.
When representing large and medium size companies, we provide detaied advice to HR about visa options for both prospective and current foreign employees and how to best meet the company's needs.
We also advise family members of US citizens, and their foreign family members, including spouses, fiance's & other immediate relatives.
Warning About Free Consultations
Sometimes clients come to us after speaking briefly with other immigration firms (aka "free consultation") or after reading blogs and various web sites and therefore think that they already "know" what can or cannot be done and they just want to know what "it" will cost.
Many clients are surprised to learn---after a "thorough" analysis and discussion with Mr. Yurkofsky --- that they had been misinformed or that the information they had "learned" is just plain "wrong" or incomplete.
Some clients may have been advised in a quick "free" consultation---that they had no options when in fact they had many options or vice versa.
Increasingly Complex Process In The USA
The US immigration process is extremely complex and ihe current political "environment" in regards to security and unemployment in the USA makes the process even more challenging to achieve our client's goals. A thorough analysis is a critical first step.
Letting Our Clients Know The Truth
We will always let our client's know what we believe their chances are of "winning". We are very proud of our approval record which is over 99 percent, including some of the most "difficult" cases.
We will not agree to move forward with a visa application if there is no realistic chance of "winning" your case.
Our Latest Law Videos
L1 Visa Notes
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E-2 & E-1 Visa Notes
O-1 Visa Notes
H-1B Visa Notes
E-3 Visa Notes
F-1 Visa Notes
Green Card Thru Employer Notes
Practical Tips For Foreign Clients - Positives
Practical Tips For Foreign Clients - Negatives
Overview Of Non Immigrant Visas & Permanent Residence
U.S.A. Permanent Residence (a.k.a. "Green Card")
Employment-Based U.S.A. Permanent Residence Applications
Labor Certification
Family-Sponsored Permanent Resident Application
Investing Immigrant Permanent Resident Application
Citizenship
Visas and Status
E-3 Visas - Australians Only
Our primary goal is to offer our clients the personalized attention they deserve to insure that they obtain the maximum possible freedom to pursue their career goals in the U.S. We represent many Australians from average persons wishing to live and work in the USA to some of Australia's most famous actors, artists and musicians as well as Australia's leading business executives working at the US offices of Australia's most prominent firms.
About the E-3 Visa
In contrast to the H1-b Visa, for E-3 Visa holders:
Links - Immigration Related
Links - Other
Strategic Planning
In general, when transferring employees there may be a few visa options available and we will advise HR as to the best options after carefully weighing the short and long term needs of the business. In some cases the best choice may be the H1-b Visa. In other cases , even if H1-b's are still availalbe and have not yet run out in a given year, the best choice may be L-1A, L-1B, E-2, E-1, E-3 or O-1, among other options.
We provide guidance to insure that our corporate clients are in full compliance with diverse immigration-related regulations and to insure the continuing smooth flow of new employees from around the globe to US office locations.
Given today's volatile economic environment it is crucial that an assessment be made as to the immigration impact on a corporate reorganization or downsizing. We advise HR and corporate counsel how best to insure the continuing viability of each foreign employees visa status. For exampe, it is often possible to amend employee's visa status from fulll time to part time. For loyal employees that must be "let go", we can provide direct assistance to the individual so that he or she can legally remain in the USA by filing an application to change to another status, such as B-1 business visitor or
B-2 tourist (as well as other options depending on the individuals short and long term goals).
Incorporating and Investing in a New Business or Investing
in an Existing Business or Regional Center
Our firm advises both US and foreign entrepreneurs that are opening brand new businesses in the U.S.A. as to which entity will fit their needs, whether a C-Corp, LLC, or Subchapter S and the immigration implications therein.
In many instances foreign nationals seeking employment based visas such as as O-1, L-1A, E-2 or E-1 (and in some instances E-3 and H-1b) can incorporate their own company and obtain visa sponsorship by the brand new entity that they recently created and own or that they created jointly with a US Citizen or US Permanent Resident.
Many of our clients invest substantially in the USA, opening new offices that create new jobs for Americans through E-2, E-1, L-1 & Eb-5.
Our new Regional Center affiliation will soon be ready for investors & their family members to gain permanent US residency ("Green Cards") while creating full-time employment for many US citizens.
In addition there are today, many regional centers across the USA that are now ready to accept $500,000 investments on behalf of EB-5 candidates, thus offering foreign natoinals the opportunity obtain permanent resident status for themselves and their immediate family members---without the need to open and manage their own new business/enterprise.
I-9 Compliance - Employment Verification
We will help your corporation comply with all new and existing immigration requirements.
Our affilaites will provide training for HR and conduct internal audits to develop a set of best practices to ensure compliance. In this way, if there does come a time when an an actual government investigation /audit occurs, your firm will be ready to prove that all employees are legally eligible to work in the United States and will therefore not have to be concerned with civil or even criminal penalties.
The Obama administration (Immigration Customs and Enforcement) has been placing increasing emphasis on civil fines and criminal procesecution of Employers who hire unauthorized workers. This policy has created a need for U.S. employers to be more compliance conscious than ever before. In many cases we are encouraging employers to enrol in the E-VERIFY program.
Employers with unauthorized workers face not only the possibility of civil penalties including fines and bars to employing foreign nationals in the future, but also criminal prosecution and the risk of a public relations problems that can have negative consequences on their success.
U. S. employers have for many years been required to verify all employees eligibility to work by examining identity and employment authorization documents, and attesting to the verification on Form I-9. In recent years, federal and state laws have broadened the requirement to participate in E-Verify a computerized employment eligibility verification program. Many other obligations have also been imposed on employers. Another issue facing US empoyers, is that verifying employees eligibility to work can expose them to potential discrimination charges. Thus, the verification process requires professional guidance.
Arts & Entertainment Division
Since 1993, we have represented artists of all kinds from top award winners to lesser known yet highly talented artists from all over the world. We prefer to obtain the broadest possible O-1 Visa for our artist clients so that they have maximum freedom to live and work for a variety of employers for a variety of projects across the USA --- whether for performing, designing, creating, exhibiting, teaching or otherwise working in their specific area of extraordinary ability.
Known to some as an artist visa, the O -1 visa is ideal for every kind of artist who wants to live and work in the US. For some people, O-1 may actually be better than a green card.
The O-1 artist does not have to be an international prize winner--but must have a prominent or distinctive career. If the artist is working in film or TV they should have an outstanding achievement in film or television.
***We will need to analyze your Portfolio/Credentials and Resume/CV in full detail to see if you will qualify for the O-1. We will also need to analyze your plans and job opportunities and information about your sponsor in the U.S. To set up a Consultation/Appointment choose from the menu above ***
***O-1 Visas are for talented people working in all The Arts, including: TV/FILM/CREW, WRITERS, VISUAL ARTISTS of All Kinds, Actor/Dancer/Performers of all kinds, Musicians of all kinds. Teachers of Arts of all kind and any field that can be considered art such as martial arts & culinary arts from chefs to sommeliers.***
Note: Actually, O-1 is really for any person in any profession not only artists--- who are considered to be extraordinary whether it is in the arts, science, business, athletics, or some combination. We have also represented all kinds of non-artistic talent from one of the founder of Green Peace, to HIV Experts, Solar Energy Scientists, Oil Shipping Executives, Marketing Experts, Traders, Wine and Whiskey Experts, Education Experts, Professional Athletes and more.
Note: Young Artists/Students-Sometimes young artists/students (prodigies) might qualify for O-1 status. There are other visa options that are probably more appropriate for the average successful young artist such as H-3 or J-1 and possibly H-1b.
Contracts & Artists Management
Our firm has provided legal advice to artists & entertainment companies in drafting contracts with their representatives including: agent(s) & managers, as well as employment agreements for various projects. Clients range from a Grammy award winning song writer to top of the charts instrumentalists and award winning perfomers of all kinds from a female Asian Break Dancer to Australian Stand Up Comedians---as well as Fine Artist Reps, Galleries, Curators, Talent Agencies & more. We also provide management & Career advice for an array of entertainers and artists.
Green Cards & US Citizenship by Marriage to a US Citizen
Since 1993, our office has successfully represented spouse(s) (husbands and wife’s) of US Citizens in obtaining a "green card". The real name for this card is a "Permanent US“ Resident Alien Card". This is normally a very smooth process. In most cases, a green card will be approved in six (6) months time or less. We also represent the children and parents of US Citizens. This is also usually a very smooth process. (See the menu to the left to learn more.) Note: The children under 21 years of age of the foreign person who marries a US Citizen may also obtain green cards as part of the application process.
We have successfully handled all kinds of family immigration matters---from the most common cases of marriage to US Citizens, to complex cases, such as: marriage based cases in which the spouses are "no longer on speaking terms" at the time of the green card interview; foreign adoptions issues; and even a case in which a senior citizen did not have a passport nor an ID----and didn’t know what his status was in the USA. His parents were no longer alive and his identification records had to be traced back to the passenger list on the boat which brought him to the USA at the age of three. Our firm determined that he was "technically" already a US Citizen even though he was not born in the USA.
We have also successfully helped foreign family members obtain permanent residence and US Citizenship-even for those who are or have been "out of status" including those who might have over-stayed their visa by more than fifteen (15) years. As long as the foreign person entered the USA "legally", if they marry a US Citizen they can obtain a green card.
Note: The marriage to the US citizen must be "real". It must be a marriage based on love, also known as a "bona fide" marriage. If a foreign person originally enters the USA on a student visa (F-1) or on another kind of temporary visitor visa such as tourist (B-2) or business visitor (B-1) or even on a visa waiver, they may still apply for a green card through their US citizen spouse----under certain important conditions. Namely, at the time they entered the USA--they must not have been planning to apply for a green card. Moreover, the application must not be filed until at least 60 days have passed since they entered the USA or there may be severe consequences, including a charge of "fraud" and a denial of the green card and even deportation for the foreign spouse and civil or criminal penalties for the US citizen. The laws and regulations in the USA are quite complicated (probably much more complicated than they "should" be.) As a result it is very important to obtain professional legal advice from someone who is experienced in the practice of US immigration law.
Immigration for Immediate Relatives
Foreign applicants may be sponsored for a "Green Card" by a close relative who is either already a US citizen or a Permanent Resident ("Green Card" holder).
US citizens may sponsor their spouses, sons and daughters (under 21 years old) and their parents (if the USA Citizen sponsor is over 21 years old). This is usually a very smooth process which can be completed in a matter of months.
US citizens may also sponsor their sons and daughters over the age of 21 years old, whether married or not and their brothers and sisters (if the sponsor is over 21 years old). Processing of these family based cases can take from a few months to several years. Brothers and sisters of US citizens, for example may be on a waiting list for seven or more years.
Permanent Residents (Green Card holders) may sponsor their spouses, children, and adult unmarried sons and daughters for Permanent Residence. The waiting time for sponsoring family members of Green Card holders tends to be much longer than for US Citizen Sponsors. In addition, US Citizen family members can often adjust status while in the USA. Thus, in many cases, it is advisable for the family member "sponsor" to apply for and obtain US Citizenship as soon as possible---- because this will dramatically cut down on the waiting time for processing green cards for immediate relatives.
Detailed Guides for Family Immigration Benefits
Citizenship Through US Citizen Parents
Disclaimer
Information contained on this website is intended for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Case specific advice and guidance should be sought and obtained from competent legal counsel.
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Chair: Continuing Legal Education Committee, American Immigration Lawyers Association, NY Chapter 2002-2004
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