Yew Immigration Law Group

San Jose Immigration Attorneys

U.S. immigration law is complex, constantly changing, and deeply personal. Every case carries real urgency, whether it impacts your family, your career, or your business. Finding the right legal partner means working with a firm that is centered on immigration, understands the latest developments, and knows how to navigate nuanced, high-stakes situations with clarity and precision.

At Yew Immigration Law Group in San Jose, we bring decades of focused immigration experience and a track record of guiding clients through some of the most challenging legal processes in an overloaded system. We serve individuals, families, and businesses across Silicon Valley and throughout California—providing timely, strategic support when it matters most.

The firm is led by Alison Yew, a California State Bar Certified Specialist in Immigration & Nationality Law—a distinction held by fewer than one percent of attorneys in the state. With over thirty years of experience and a career that includes BigLaw leadership, Alison leads a team dedicated exclusively to immigration law. That focus allows us to offer not just legal knowledge, but informed judgment, efficiency, and practical solutions tailored to each client’s situation.Every immigration matter is unique, and so is our approach. We combine deep legal expertise with candid guidance and genuine care, helping clients understand their options and move forward with confidence. Whether you are pursuing a family-based petition, navigating work visa pathways, applying for naturalization, or addressing complex admissibility or waiver issues, our team works efficiently within the system to pursue a meaningful, timely outcome.

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What We Do

Our Practice Areas

For Families & Individuals

Helping families reunite through green cards, citizenship, fiancé visas, and family petitions.

For Employers & Professionals

Strategic immigration solutions for companies, founders, investors, and skilled professionals.

Waivers & Complex Immigration Matter

Guidance for waivers, conditional residence issues, travel concerns, and other high-stakes immigration cases.

Yew Immigration Law Group

San Jose Immigration Law Firm: We Stay at the Leading Edge of Changes in Immigration Law

Recently, immigration law has undergone several significant changes. Immigration agencies have now paused visa processing for applicants from 75 countries, including both visa and green card applicants. All visa processing now involves enhanced digital vetting, with online presence reviews, and the requirement to disclose all social media. Facial biometric screening is used for all non-U.S. citizens entering or leaving the country, including those with permanent resident status.

Employment-based visas now favor highly paid, skilled workers. H-1B visas are wage-weighted, prioritizing candidates based on Department of Labor wage levels. Overseas hires and new H-1B visas require a $100,000 supplemental fee. Students with other U.S. visas may be exempt. As in-country candidates are hired, firms may need overseas talent — our firm helps navigate this process.

testimonials

Client Success Stories

I had a great experience working with Michael Breismeister on my family‑based green card case. He was knowledgeable, responsive, and very thorough in explaining each step of the USCIS process.

– Linda X.

Alison consulted me on a question two other law firms refused to take – one simply refused, and other asked for photocopies of documents in advance before even speaking with me.

– Dmytro K.

Yew Immigration Law Group is outstanding. During the consultation, the attorney carefully reviewed my complex case and provided clear, practical guidance. I look forward to working with them again for any follow-up matters.

– Dalston C.

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Yew Immigration Law Group

Serving Clients Throughout San Jose and All of California

Building a viable, expanding business in Silicon Valley requires identifying and hiring top talent from foreign lands. Once new personnel have been identified and vetted, they must begin their work in the USA with the least possible delay. The processing time is currently about 2 to 8 months, with the option of premium processing for an additional fee. It is advised that all H-1B visa applications be submitted at least 7 months in advance. Companies in Silicon Valley are often subjected to USCIS inspections, and ensuring all immigration matters are completed and accessible is of great importance.

The 2026 wage-weighted system and $100,000 foreign surcharge have reshaped tech recruiting. Our legal team supports startups and established firms through these changes, including fee-exempt Change of Status filings and O-1 visas for founders and engineers.

our experts

Meet Our Team

About us

Alison Yew

Lead Attorney

Michael Breismeister

Senior Associate Attorney

Isaiah Mendoza

Support Team

Jerwin Amante

Intake Specialist

Yvonne Waldron-Robinson

Support Team

Neetal Parekh

Operations, Systems, Growth

Yew Immigration Law Group

Family-Based Visas and Current Immigration Law

For family-based visas, individuals seeking legal status for a spouse, children, parents, or other relatives are at higher risk than in prior years. The USCIS grants officers broader discretion to deny family-based petitions without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

Family-based visa processing times are long: spouses of U.S. citizens living in the U.S. wait about 1–2 years, and those abroad up to 2.5 years. Spouses or children of Green Card holders wait up to 5 years due to backlogs; siblings of U.S. citizens up to 26 years. Fiancé and certain other family applicants are now subject to social media review. Officers may deny visas to applicants with chronic health conditions if they may require government assistance.

our difference

Why Choose Us?

California State Bar-Certified Specialization

Choosing our firm means working with a California State Bar Certified Specialist in Immigration & Nationality Law. Alison Yew is one of only two attorneys in Santa Clara County who hold this credential. Earning this designation requires passing a separate specialty examination, meeting rigorous experience and education thresholds, and undergoing peer review — it is the legal profession’s equivalent of board certification, and it reflects a verified mastery of immigration law specifically.

Decades of High-Stakes Litigation Experience

With more than 30 years in practice, Alison Yew brings the strategic mindset of a former partner at one of the nation’s largest litigation firms to every immigration case her firm takes on. Her background in civil litigation and appellate work gives clients a strong foundation when cases require complex legal arguments — which, in today’s restrictive immigration environment, is more often than most people expect.

Creative Advocacy for Extraordinary Ability Petitions

Senior Associate Michael Breismeister provides a distinct advantage for Silicon Valley professionals through his extensive work with O-1A and EB-1A petitions. His talent for legal research and creative writing allows him to successfully argue challenging cases before USCIS and the Administrative Appeals Office.

Experience in Intersecting Legal Fields

Our legal team has a unique dual perspective on the intersection of immigration, criminal law, and psychology. Michael Breismeister’s history as a prosecutor and criminal defense lawyer has proven invaluable to clients navigating sensitive waiver cases or VAWA petitions. We conduct in-depth, empathetic interviews to develop strong evidentiary foundations, which we present persuasively and professionally.

Commitment to Professional Leadership and Service

Our legal team of immigration attorneys is recognized as leaders of the American Immigration Lawyers Association and in the broader legal community. Alison Yew’s Super Lawyers listing and her history of pro bono defense work reflect a career-long commitment to legal excellence. We leverage this respected reputation to provide top-tier representation for both individual applicants and corporate employers.

Technical Precision in a Changed Immigration Environment

In an era where USCIS now denies petitions for minor clerical oversights, our firm prioritizes technical precision. From navigating the recent wage-weighted lottery to filing fee-exempt change-of-status petitions, we provide the meticulous care required to achieve a favorable outcome. We focus solely on immigration law and give our clients our undivided attention.

Yew Immigration Law Group

The One-Chance Rule: The Extreme Risk of Missing Documents

In earlier years, a missing document in a visa application would lead to the applicant receiving an “RFE,” or Request for Evidence. Currently, applications with minor errors may be denied without the opportunity to provide the missing documentation. Immigration filings can be denied without an RFE, a serious legal problem. All immigration applications must be submitted with all supporting evidence the first time.

At our immigration law firm in San Jose, we have implemented a review process that involves:

Primary evidence audit: All required documents, including certified translations and financial affidavits, are submitted and verified as valid at first submission.
Risk assessment: For family-based visas, we assess the petitioner’s finances and the beneficiary’s profile to address concerns about the beneficiary becoming a “public charge.”
Digital review: With the expanded social media vetting for fiancé and family visas, our team will review your digital presence.

Our Latest Blogs

September 17, 2023

Understanding I-751 Petitions: An Update

Should You File Form I-751? When your green card is approved based on a marriage that is under 2 years, you will receive a conditional green card and conditional permanent resident status, and that status is good for only two years. To remove the conditions…

June 18, 2023

How Can An American Samoan Qualify For US Citizenship?

Are American Samoans U.S. Citizens? American Samoa is a U.S. territory located in the South Pacific Ocean. Despite being a part of the United States, American Samoans are not automatically granted U.S. citizenship at birth. This has been a topic of debate and controversy for…

May 15, 2023

How Long Does It Take To Get A Green Card Through Marriage?

Can I Get a Green Card through Marriage? If you are a foreign national who is married to a U.S. citizen or permanent resident, you may be wondering how long it will take to obtain a green card. A green card, also known as a…

April 16, 2023

What Are The Steps Of The PERM Labor Certification Process?

What Is PERM Labor Certification? In the United States, foreign workers who wish to come to the country to work must first obtain a work visa. For many, the first step in this process is obtaining a PERM labor certification. It is a prerequisite for…

February 23, 2023

P Visas Allow Athletes, Artists & Entertainers To Visit The US

When athletes, artists, entertainers want to visit the United States individually or as groups, there are four types of visas available. These are all non-immigrant visas, meaning they do not allow you to relocate permanently to the U.S. P-1a: Internationally Recognized Athlete Or Team A P-1A…

November 22, 2022

TPS Extended For El Salvador, Nicaragua, Honduras & Nepal

Temporary Protected Status, or TPS, is a program the U.S. government created in 1990. It allows people who are already in the United States to remain here and work instead of returning home to an unstable or dangerous country. Currently, 15 countries are designated for…

Yew Immigration Law Group

Experienced, Professional Counsel for Immigration Matters in San Jose

If you are facing an immigration legal issue the quality and experience of your immigration lawyer are of utmost importance. At Yew Immigration Law Group, we bring decades of knowledge and experience to every case we represent, including but not limited to the following:

Business Immigration
Family Immigration
Family Preference Visas
DACA Naturalization
Permanent Work Visas
Student Visas
Temporary Work Visas
H1-B Visas
O-1 Visas

Take advantage of our team’s legal skills, dedication, and personalized service. We offer expert guidance, responsive communication, and proactive case management. Every client receives personalized service, and we move our cases forward as quickly as possible, keeping you informed at every step.

We focus on delivering practical, effective solutions to help a talented new employee or a client seek to obtain the immigration status that will allow them to live and work in the USA. Our legal team of Alison Yew and Michael Breismeister offers outstanding service, and every individual we represent is treated with honesty, integrity, open communication, and top-level legal skills and counsel.

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Frequently Asked Questions

How does the 2026 wage-weighted H-1B lottery impact a tech hire?

The transition from a random lottery to a wage-weighted selection process has fundamentally changed how Silicon Valley employers hire overseas personnel. Rather than a single entry, candidates will have multiple entries in the lottery based on Department of Labor wage-level data. Individuals in senior or extraordinary roles at Levels 3 or 4 can expect an increase in selection probability. Entry-level roles are now less favored. Firms may prioritize seeking highly skilled talent, including visas under the “Extraordinary Ability” category, which has no annual quota. At Yew Immigration Law Group, we help companies and developers navigate an increasingly complex process.

Who is required to pay the new $100,000 H-1B fee?

A significant 2026 policy update imposes a $100,000 supplemental fee on certain H-1B petitions. This high-cost requirement primarily targets beneficiaries who currently reside outside the United States and must go through consular processing. A critical exemption exists for many in the tech sector. F-1 students and other professionals already living in the United States who are eligible for a change of status are, in most cases, exempt from this fee. We help Silicon Valley startups and established tech firms obtain visas for exempt candidates at cost-effective rates, in full compliance with the new fee structures.

What is the risk of the USCIS policy on direct denials without a warning?

In 2026, USCIS officers were given expanded discretion to deny immigration applications when the initial filing is incomplete or lacking required evidence. Past applicants usually received a Request for Evidence and the opportunity to correct omissions; this is no longer the case. In the current situation, a single missing document or clerical error can lead to an almost instant denial, the forfeiture of filing fees, and the risk of a potential loss of legal status. This changing environment makes professional oversight a safeguard for applicants who cannot afford to make a mistake. Our rigorous multi-stage review of all petitions is designed to ensure that all family- or employment-based filings are audit-ready the first time.

Can a startup founder qualify for an O-1A visa?

An O-1A visa remains a premier lottery-free path for extraordinary entrepreneurs seeking to build or continue their work in the United States. Unlike the H-1B, it is not subject to an annual cap. For founders, qualifying evidence may include venture capital funding, press coverage, industry recognition, patents, or other documented achievements — but the strength of the petition depends on how that evidence is framed against USCIS’s legal criteria. Recent guidance has also clarified when a founder can be sponsored by their own company. Our attorneys develop the technical and legal narrative that translates real accomplishments into a compelling petition.

How does the current pause on immigrant visas affect family members living abroad?

Recently, the Department of State implemented an indefinite pause on the issuance of immigrant visas to foreign nationals from approximately 75 countries. This change affects those processing visas or Green Cards at U.S. consulates abroad, rather than adjusting status while living in the USA. An I-130 petition could still be approved, but the final visa interview and entry to the U.S. are likely to be delayed during the administrative review period. We provide families with up-to-date tracking of how these policy shifts will affect them and explore alternatives while the immigrant visa pause remains in effect.

What are the benefits of EB-5 concurrent filing for tech professionals?

For those seeking to bypass the uncertainty of the H-1B lottery, the EB-5 investor program offers a path to permanent residency. A major advantage is that it allows individuals already in the U.S. with a valid visa to file a green card application and work authorization concurrently with an investment petition. This process provides immediate stability, allowing you to remain and work in the United States while the case is pending. EB-5 is a specialized practice area — if you are exploring this path, we can help connect you with attorneys who focus in this area.

How has social media vetting changed for fiancé and family visas?

Digital presence has become a core component of the “bona fides” check in family-based immigration. The government has recently expanded mandatory social media disclosure and review for K-1 fiancé visas and other family categories. Officers will examine all publicly available digital records to ensure the data matches the information provided in the petition. Discrepancies in your online information can lead to more intense scrutiny or denial. We can advise on how to manage the situation and help ensure your social media presence reflects the genuine nature of the relationship before applying.

Is the F-1 Cap-Gap extension still available for students in 2026?

The Cap-Gap extension remains a vital bridge for F-1 students transitioning to H-1B status. If an employer files a timely H-1B change of status petition for a student on OPT (Optional Practical Training), with a work authorization extended to help prevent a lapse in employment. The stakes are now higher: if the underlying H-1B is denied without a Request for Evidence, the student’s status could terminate. We work closely with recent graduates and Silicon Valley recruiters, drafting and carefully reviewing Cap-Gap filings to protect students’ rights to remain and work legally in the USA during the transition period.

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