At Benjamin Hu Immigration Law, we combine comprehensive knowledge with one-on-one attention. Since 2012, managing attorney Benjamin Hu has helped over 2,000 foreign investors, employees, and immigrant family members across six continents to navigate the U.S. immigration process. Whether you’re starting off on your immigration journey or contemplating the final citizenship and naturalization process, contact us to see how Benjamin Hu Immigration Law can help you.
Attorney Hu served from 2015 to 2018 as a satellite office manager in Guangzhou, directly advising Chinese applicants with their evidentiary documentation, and assisting with consular interviews at one of the busiest U.S. immigrant visa consular posts. He is a licensed attorney in Maryland and D.C, and serves as the 2023-24 co-chair of the Bar Association of Montgomery County’s Immigration Law Section. He is an EB-5 Investor Verified attorney, and is a proud member of the American Immigrant Investor Alliance (AIIA). He is fluent in English and Mandarin Chinese.
Business Visas: Workers and Investors
Whether your goal is to secure a U.S. career or to create them for others, our firm provides start-to-finish legal services for a variety of categories under U.S. immigration law.
H-1B Work Permit
The most common starting point for a foreign worker, the H-1B program requires most candidates to find a U.S. employer, who must apply through a lottery every March, to begin work in October if selected and approved. Additional concerns include the nature of the job duties, the wage offered, and the academic qualifications of the foreign worker. Schedule a consultation with us to learn more about the H-1B process and the latest in USCIS and Dept. of Labor processing trends.
Employment Green Cards – PERM and EB-2/EB-3
After the securing the temporary H-1B, most foreign workers then consider the permanent employment green card, where their U.S. employer applies through EB-2 or EB-3. First, the Dept. of Labor reviews the employer’s job offer and recruitment process (the “PERM”). If DOL approves the case, the USCIS then reviews the foreign worker’s qualifications. Any errors among the PERM or USCIS requirements could result in expensive delays, so make sure you consult with experienced counsel to plan your H-1B or PERM roadmap before embarking on the process.
Individuals of Notable Abilities: O-1A/EB-1A/EB-2 NIW
Some categories allow for self-petitioning, without the need of a U.S. based employer. Individuals who have received recognition for “exceptional ability” can apply for a National Interest Waiver, which partially expedites an EB-2 by waiving the PERM requirement. Individuals who are recognized for their “extraordinary ability” can apply for O-1A temporary work visa or EB-1A permanent green card. In all cases, the USCIS expects to see extensive objective evidence to confirm the claimed high level of ability; our firm can help guide you through the process.
Investor and Job Creation Immigration: E-2/EB-5
The Land of Opportunity also welcomes investors. Those from an E-2 treaty nation may apply for an E-2 temporary work visa (renewable indefinitely) after making a substantial investment. Those from any nation may consider an EB-5 permanent green card, subject to investing the minimum amount and creating at least 10 full time jobs. As our firm’s earliest U.S. immigration category, investor immigrants can put their trust in our counsel to guide their American entrepreneur journey.
Family Based Visas
U.S. Citizens and Lawful Permanent Residents (“Green Card” holders) may bring certain qualifying relatives with them to begin their new American lives together.
Families of U.S. Citizens
After reaching age 21, U.S. Citizens, whether by birth or by naturalization, may petition for “Immediate Relatives”: a spouse, their parents, or their minor unmarried children – such categories have no artificially-imposed waiting list. U.S. Citizens may also petition for their own siblings, and their own adult sons and daughters, but these categories are subject to waiting lists, to manage the annual quota.
Families of Lawful Permanent Residents (Green Card Holders)
Lawful Permanent Residents may petition for their spouse, their minor children, and any adult sons or daughters who remain unmarried. All categories are subject to a waiting list.
Fiancé(e) Visas and Marriage Green Cards
U.S. Citizens (and only U.S. Citizens) may petition to allow a foreign fiancé(e) to come to the U.S. in order to be married to each other. Once they are married, they may file the I-485 Adjustment of Status packet. For spousal petitions generally, the USCIS closely inspects the sponsor’s financial ability to support the resulting combined household, and expects to see comprehensive evidence to prove that the relationship is authentic.
Whether your concern is bringing over a loved one to start a new family, or helping a parent come to the U.S. to live closer to caregiving relatives in their advanced age, our firm can help plan your process to meet USCIS standards and to account for potential waiting lists.
The best time for an immigration lawyer is at the start of your journey. The second best time is now.
Each immigrant is unique, and so are their stories. Sometimes, the process brings an unexpected obstacle – or opportunity. Our decade-plus of experience with EB-5 allows us to help you prevail over sudden developments, including:
- Withdrawal of investment and re-filing EB-5 under new projects
- Adjustment of Status during brief periods when the nation of birth has no waiting list
- Follow to Join families with gradual US relocation plans
- I-601 waivers for EB-5 investors with admissibility issues
- Overcoming political factors such as Communist Party membership
We are delighted to showcase testimonials from our valued prior and continuing clients. Their success stories and positive experiences inspire us to provide personalized attention, expert guidance, and unwavering support throughout their immigration journey.
At Benjamin Hu Immigration Law, we are here to make your immigration plans a reality, and we look forward to serving you with the same dedication and professionalism that has earned us the trust and satisfaction of our clients.
In 2016 when my EB-5 immigration was undergoing greatest difficulty, Mr. Hu provided the most significant help. […] USCIS rejected the green card of my husband because of his political background in China. At the time, we had already sold our house to pay for the investment and relevant cost. We don’t understand English, and we were not familiar with U.S. immigration law. […] Because of USCIS’ rejection, our entire family had to stay in China. It was a very difficult time.
Attorney Hu is an excellent lawyer with rich professional experience, who is very familiar with U.S. immigration laws and regulations, and who holds high ethics and morals.
He very patiently listened to our situation and needs. He prepared solid material documents and also followed up with the USCIS several times to track the progress of our case. In the end, the numerous pieces of evidence he provided and the precise arguments of relevant regulations secured the USCIS’ approval. The USCIS revoked the previous Green Card rejection. In 2018 my husband got the visa and landed in the US and got his green card. […] Every time I look back on our immigration journey, I am filled with gratitude. My family and I are very thankful to Mr. Hu. Without his help, my granddaughter could not have had this kind of education opportunity, and our family could not have our current peaceful life.
Ms. Li , 2018 investor client,
Every author needs an editor. Every writer needs a copy reader. Every expert needs a challenger. Benjamin Hu performed all three duties to the highest standards in my recent work with him.
Mr. Hu and his law firm (at the time) engaged me to respond to RFE in five cases before the U.S. Citizenship and Immigration Services. Mr. Hu and his associates created a new format for the RFE’s, far more structured that typical evaluation letters. In fact, Mr. Hu encouraged me to participate in the development of the format of these more structured USCIS expert letters. He engaged me to fit my observations, assessments and evaluations into the new model. Never directing my content or opinion, never impinging on my independence as an expert, Mr. Hu utilized my work into his elaborate structure. His explanations and questions were always clear and concise, always encouraging and within professional bounds.
His format and my content worked: All five RFE’s were successful, including two that had been previously rejected by USCIS
Prof. Kent, 2020 Leading Journalism Professor Emeritus, expert opinion writer
I am a physician who, through Benjamin Hu and the team of lawyers and para-legals that work closely with him have successfully helped me secure a sub-specialty waiver in the state of New Jersey.
The process is difficult and takes a lot of coordination and attention to detail, and Benjamin – who I have had the pleasure of working with personally – has handled the stress of my case with great skill and intellect. He remains polite, is always available to answer questions to help reassure me when things are on track and guide me when more work needs to be done.
His correspondence is prompt and always accurate. I would definitely recommend him to people looking for representation for immigration visas like I am.
Dr. Taaran, 2020 foreign doctor
Benjamin was extremely professional, correct, and communicative throughout the entire process. I have nothing but good things to say about his work as an immigration attorney. My H1B petition ended up being approved and I am sure Benjamin’s work was influential to the positive outcome.
Mateus, 2020 foreign civil engineer
When knowledge meets care, it leads to competence.
You can get a lot of knowledgable lawyers, they have all seen your issue before. It takes care and sympathy to your case to know you are dealing with a lawyer who is competent, who combines great expert knowledge with the human care aspect; and that is what Ben is. I had a very difficult case in obtaining an approval for my I-360 papers. In fact, it was more or less unprecedented and a lot of work had to be done that was not done before in similar cases. Ben was brought in to assist in handling the case, and succeeded alongside an expert to achieve what was regarded as a victory to both the company I work for and the law-firm he was brought in for this specific case.
He was always attentive to my questions, suggested things to be said or written to aid me in my case, and I felt safe enough as he spoke and advised in a way where you knew this Professional is actually putting himself in your own shoes when dealing with the case. Highly recommend Ben and thank him for his work.
Mohammad, 2020 journalist expert employed by U.S. government
Working with Benjamin Hu has been a very positive experience.
He is very knowledgeable on the immigration process and in my case applying for fiancé visa for my partner who lives in El Salvador. He responded to all my questions with patience, informed my partner and I of the process and what to expect, and was thorough in checking all of information.
We are going to continue working with him as we navigate future applications such as permanent residency and I’m trusting in his work and approach.
I engaged Mr. Hu to help with the process for my mother’s green card.
Throughout the process I was impressed by Mr. Hu’s knowledge and professionalism. He was responsive and really supported my mother (who is not very tech savvy) with putting together the appropriate documentation, prepping for the interview, keeping us informed about the application status and any questions we had.
Highly recommend Mr. Hu for your immigration needs.
Attorney Hu is very professional and proactive in helping my green card application.
He makes sure my application package is comprehensive and represents solid evidence from different angles. He also informs me whenever there are updates on USCIS processing time or official notices that might be relevant to my case.
I feel like I am in very good hands.