BUSINESS AND EMPLOYER BASED IMMIGRATION



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Biz and EmployerWe assist any organization in filing non-immigrant and immigrant visa petitions so that they can employ foreign nationals on either a temporary or permanent basis. We understand the challenges faced by human resource personnel who must balance the needs of corporate management with employee satisfaction and security.

Our clients include:

  • established businesses and corporations
  • tech start-up entrepreneurs
  • investors
  • private schools and institutions of higher-learning
  • arts organizations

Work visas encompass a variety of classifications and the type of work visa needed will depend upon the proposed position and job duties, as well as the applicant’s qualifications.

Almost all work visas require that the foreign national have a prospective U.S. employer sponsor to submit the Form I-129 and supporting documents for the visa. Once the Form I-129 Petition for a Nonimmigrant Worker has been approved, the foreign national employee can change their nonimmigrant status if in the United States or obtain a visa from a U.S. Consulate or Embassy abroad.

Types Of Work Visas

There are a variety of work visas available to foreign nationals seeking employment in the United States. Some of the more common work visas include:

  • H-1B: A classification for workers who have completed the equivalent of a U.S. Bachelor’s degree or higher and will work in a specialty occupation in the U.S. that requires the theoretical and practical application of specialized knowledge;
  • L-1A: A classification for intra-company transferees who have and will work in an executive or managerial position and have worked for a branch, parent, affiliate, or subsidiary abroad for at least 1 out of the preceding 3 years;
  • L-1B: A classification for intra-company transferees who have gained and will utilize specialized knowledge about their employer’s products, processes, procedures or services, and have worked for a branch, parent, affiliate, or subsidiary abroad for at least 1 out of the preceding 3 years;
  • O-1: A classification for individuals with extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievements in the motion picture and television field who intend to continue working in their field in the U.S.;
  • TN: A classification for nationals of Canada and Mexico who will work in a professional occupation in the U.S. and have the required qualifications as set forth in the North American Free Trade Agreement (NAFTA);
  • E-1: A classification for nationals of countries that have a Treaty of Friendship, Commerce and Navigation or Bilateral Investment Treaty with the United States and wish to come to the U.S. to conduct substantial trade between the U.S. and the treaty country; and
  • E-2: A classification for nationals of countries that have a Treaty of Friendship, Commerce and Navigation or Bilateral Investment Treaty with the United States and wish to come to the U.S. to direct and develop the operations of an enterprise in which they have invested a significant amount of capital.

Work visas can provide an avenue for foreign national employees to obtain an employment-based green card. Some classifications require the employer to file a labor certification to initiate the green card process, whereas others allow the employer to immediately file the necessary immigrant visa petition on behalf of their foreign national employee. Once an Immigrant Petition for Alien Worker has been approved, the foreign national employee may complete the final step in the green card process and file their I-485 Application to Register Permanent Residence or Adjust Status when their priority date is current.

An experienced immigration attorney should be consulted and is essential to ensure that both employer and employee are compliant with the immigration laws.