Business Immigration Lawyer

First Preference Employment Category (EB-1) under INA §203(b)(1)

Aliens with Extraordinary Ability INA 203(b)(1)(A): This immigrant visa is available for immigrants with extraordinary ability in the sciences, arts, education, business or athletics. These individuals must have attained national or international acclaim through extensive documentation. These individuals must seek entry to continue their work in the field of extraordinary ability. Lastly, the entry of these individuals would benefit the United States. Even though the regulations do not require this, documentation of such benefits may be beneficial. These individuals do not need an employer but must intend to continue their work in the United States. INA §204(a)(1); 8 CFR §204.5(h)(5). Congress intended these visas for a small percentage of persons who have risen to the very top of their field of endeavor. Evidence must include:

Evidence of one-time achievement such as a major internationally recognized award (Noble Prize); or

Documentation of any three of the following:

* Receipt of lesser nationally or internationally recognized prizes or award;

* Membership in an association in the field for which classification is sought which requires achievements by their members;

* Published materials about the person in professional or major trade publications;

* Participation as a judge of the works of others;

* Evidence of original scientific, scholastic, artistic, athletic, or business-related contributions;

*  Authorship of scholarly articles in the field;

* Artistic exhibitions or showcases;

* Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;

* High salary or remuneration in relations to others in the field;

* Commercial success in the performing arts.

Submission of evidence proving three of these categories is not dispositive and United States Immigration & Naturalization Services must still make a final determination of eligibility. The Burden of proof is on the applicant and must be shown by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010).

Outstanding Professors and Researchers under INA §203(b)(1)(B):

These immigrants must be recognized internationally as outstanding in a specific academic area. These immigrants must stand apart through distinction based on international recognition. The person may have 3 years’ experience in teaching or research in his or her area. Experience in teaching while attaining a degree might be used if the person attains it. The person must seek entry for one of the following reasons:

* A tenure or tenure track position within a university or institution of higher education;

* A comparable position at a university; or

* A comparable position to conduct research for a private employer if the latter employs three full time researchers.

The offer for employment must be indefinite or for an unlimited duration. The applicant must submit evidence of at least two of these things:

* Receipt of major prizes or awards;

* Membership in an association that requires outstanding achievement;

* Published materials in professional publications written about the applicant;

* Evidence of judging the work of others;

* Evidence of original scientific research;

* Authorship or articles or books in the field.

Under 8 CFR §204.5(i)(2), a full course of study is defined as a body of specialized knowledge offered for study at United States Universities. USCIS would employ the same process mentioned above to determine eligibility. The employer must have the ability to pay the employee.

Multinational Executives and Managers INA §203(b)(1)(C):

The immigrant must have been employed abroad for one year (in the last 3 years) by the firm or corporation or other legal entity or an affiliate or subsidiary. Affiliates include entities owned and controlled by the same group of individuals in approximately the same percentages. 8 CFR §204.5(j)(2). Subsidiaries can be joint ventures if they have equal control and veto power. The Petitioner must show the corporate relationship and that the company will continue to exist after the Beneficiary immigrates. The Beneficiary must com in to the United States to continue working for the same employer. The company must be doing business in the United States for one year.

Managerial and executive capacity is defined under INA §101(a)(4). Managerial capacity means that the employee personally:

* Manages the organization, department, subdivision, function, or components;

* Supervises and controls the work of other supervisory, professional or managerial staff;

* Has authority to hire and fire employees and other subordinates; and

* Exercises discretion over day-to-day operations of the activity or function.

Executive capacity is defined as an assignment in an organization in which the Beneficiary personally:

* Directs the management of the organization;

* Establishes goals and policies;

* Exercises wide latitude in discretionary decisions; and

* Receives only generalized supervision or direction from high-level executives, the board of directors, or stockholders.

Second Preference (EB-2) INA §203(b)(2)

This preference category is for members of the professions holding advanced degrees or immigrants of exceptional abilities. The advanced degree must be higher than a bachelor’s and could be me by a BA and work experience.

The position that the Beneficiary would occupy must require an advanced degree and the person must possess the qualifications. A professional is defined in INA §101(a)(32).

National Interest Waivers are available for people who would enrich the United States. People whose jobs are on Schedule A do not have to test the labor market and do not have a job offer at the time of adjudication f the I-485.

Bachelor’s degree plus five years of experience:

A Bachelor’s degree with five years of progressive experience is the equivalent of a MA degree. 8 CFR §204.5(k)(3)(i)(B). Congressional intent shows that a person with this combination has the equivalent of an advanced degree. USCIS policy is that the BA cannot be met by a combination of experience and education but can be met by a combination of education. The five years of progressive experience must involve more responsibility and knowledge in the field of specialty.

Definition of Exceptional Ability:

Exceptional ability is defined as a degree of expertise significantly above the level ordinarily encountered. Matter of Kim, 12 I&N Dec. 758 (AV 1968). The applicant must show proof of 3 of the following:

* Degree relating to the area of specialty;

* Letter from employers showing 10 years of experience;

* Licenses to practice a profession;

* The applicant commanded a salary demonstrating exceptional ability;

* Membership in professional association; and

* Recognition for achievement and significant contributions to the industry

Comparable evidence might be submitted including expert opinion letters. 8 CFR §204.5(k)(3)(iii). This includes athletes and entertainers. The two steps process in Kazarian is used to show exceptional ability.

National Interest Waivers (NIW):

A National Interest waiver is available under INA §203(B)(2)(B). The employer or the applicant can sign the petition. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). To qualify for the waiver, the Beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. 8 CFR §204.5(k)(4)(ii). The waiver is only available for EB-2 petitions. In Dhanasar, the AAO issued new categories for the waiver. Under the ruling, the applicant must show 1) the proposed endeavor has national importance and substantial merit; 2) he or she is well-positioned to advance the endeavor, and 3) it would be beneficial for the United States to waive the labor certification. Dhanasar, at 889 no. 9.

Physicians may qualify for a Physician National Interest Waivers (PNIW). International medical graduates (IMGs) are precluded from entering the United States. However, the ground of inadmissibility does not apply in these situations:

Applicant possesses a certificate from the Educational Commission on Foreign Medical Graduates, is competent in English, and the clinical skills assessment examination. 8 CFR §214.2(h)(viii)(B);

Doctor of International or national renown;

Not entering the United States to become a doctor, including professors, persons entering under another preference category, or when he or she enters as an asylee.

Under INA §203(b)(2)(B)(ii) if the physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. Some physicians may work in an underserved area to overcome the J-2 2 years requirement. To obtain this benefit, the physician must show 1) he or she must work in a health shortage area or for the VA; 2) a federal or state agency must determine that the employment would be in the national interest, and 3) must work in the area for 5 years before he or she becomes eligible for adjustment of status or immigrant visa. 8 CFR §214.2(a)-(c).

A foreign medical graduate may also apply under the regular labor certification process. 8 CFR §214.2(a)-(c).

Third Preference Employment Category (EB-3) INA §203(b)(3)

This category includes three types of immigrants:

* Professionals: Holder of Baccalaureate degree or foreign equivalents and professionals

* Skilled workers: immigrants who with full-time job offers and which requires at least two years of training or work experience

* Other workers

A labor certification is needed for these immigrants. A National Interest Waiver is not available but some of these occupations may fall under Schedule A.

Fourth Preference (EB-4) Special immigrants under INA §203(b)(4)

This category includes several immigrants, including returning residents, persons reacquiring United States citizenship and Religious workers.

Returning residents are those who did not abandon their residence but do not have a valid I-551 card. The resident would file form DS-117 with all supporting evidence to show that she did not abandon her residence. She would be issued an SB-1 Immigrant Visa. This category also includes commuters from borders who are Lawful Permanent Residents who live in Canada or Mexico and commute to the United States. Time spent outside on commuter status does not count for naturalization purposes.

Religious Workers Petitions for Permanent Residence:

Religious Workers include ministers or religious workers who:

For 2 years immediately preceding the petition has been a member of a religious denomination that has a bonafide, non-profit, religious purposes;

The person seeks to enter the US to work for at least 35 hours as a minister or a religious worker; and

The person has been working as a minister or a religious vocation in the United States or abroad for at least two years immediately preceding the petition. The two years do not have to be in legal status. Once the 2 years is established and the I-360 is approved, the person may adjust if he has been out of status for less than 180 days. Some breaks in the 2 years are allowed as long as 1) the applicant was still employed in a religions denomination 2) the break did not exceed 2 years 3) the purpose was to further religious education 4) the applicant was still a member of the denomination. The employment must be either full time or continuous. To meet the 2 years requirement the person should have been compensated.

Special Immigrant Juveniles Petitions for Permanent Residence:

Special Immigrant Juveniles (SIJ) are also included in this category. This is a hybrid between state dependency laws and the immigration laws of the United States. The requirements for this type of classification are as follows:

* The child has to be under 21 at the time of filing the I-360

* Has been declared dependent by a state court before he turned 18

* Whose reunification with one of his or her parents is not a viable option, and

* In his or her best interest not to be returned to the parent’s country of citizenship

EB-5 Program

The EB-5 program was created by Congress in 1990 to stimulate the economy of the United States. The investment could be a stand-alone direct investment or through a regional center approved by the United States Citizenship & Immigration Services (USCIS). The amount of investment varies depending on the location of the investment. An investment of $500,000 is required for an investment in a Targeted Employment Area (TEA) defined as a location with high unemployment or a rural area. An investment of $1,000,000 is required for investment outside of these areas. A TEA is an area that has at least 150% of the national unemployment rate and a rural area is defined as an area that is outside any city with a population of 20,000. An investor gains conditional permanent residence for two years and the conditions would be removed if the investor proves that the investment created 10 qualifying jobs.

Regional Center:

Regional centers are investment centers approved by the government to receive investment funds from interested investors. These regional center vary in their concentration and encompass almost every area of interest and state in the United States. The amount of investment varies depending on the location. Attorney Brian West could help interested investors in locating suitable regional centers that have successfully filed petitions on behalf of investors. Attorney Brian West does not give investment advice as to individual centers but has partners who are willing to do such analysis.

Direct Investments:

Individual investors could also invest their funds directly into their own companies if they want to have more control over their investments. The investment in a direct investment includes commercial real estate, inventory and operational capital, among other things. Direct investors must meet the same requirements mentioned above as to the amount, location, and job generation mentioned above. As mentioned above, direct investment in ideal for individuals who wish to have more control of their investments. Attorney Brian West has helped several individuals gain their permanent residence through direct investment under the EB-5 program.

Investors must also meet several other requirements such as the legal source of funds and must show that their investments are viable through a concrete business plan showing the investment's viability and potential to create the required amount of jobs. Individuals must file to remove the conditions on their residence 2 years after receiving their conditional residence.

What is a NAFTA Professional Work Visa?

The TN Visa is a work visa issued by the United States to citizens of Canada and Mexico to be employed in certain listed professions. There are 63 professions eligible for the TN Visa. TN Visa holders may work in the US for a US or a foreign employer. A TN Visa gives the foreign worker permission to live and work in the US during the visa validity period. When the foreign worker is issued a TN Visa, the spouse and children, who are under 21 years old and unmarried, are issued a TD Visa, which gives them permission to live and go to school in the US. The TN work visa may be issued for up to 3 years at a time and there is no limit to how many times it may be renewed.

What are the Benefits of the TN Visa?

1. Live in the USA with TN/TD Visa

The applicant and immediate family will be able to legally live in the USA. Immediate family includes spouse and unmarried children under the age of 21. The foreign worker is issued a visa called the TN Visa and the immediate family is issued a visa called the TD Visa.

2. Work in the USA

The applicant will be authorized to legally work in the USA.

3. Public Education with TD Visa

The applicant’s children will have access to public schools in the USA and attend classes from Pre-K to high school.

4. University with TD Visa

University age children will be able to attend universities in the US without a Student Visa.

5. Social Security Number

TN Visa holder will be able to get a Social Security Number.

6. Driver’s License

TN Visa holder will be eligible to apply for a US Driver’s License.

7. TN Visa to Green Card

TN Visa holders can apply for a Green Card via process called the PERM. The law is very clear on this point. So if you have a TN Visa and would like to apply for a Green Card, consult one of our immigration lawyers.

What are the Requirements of the TN Visa?

The TN Visa has 4 main requirements:

1. Mexico / Canada

You, the TN applicant, must be a Mexican or Canadian Citizen.

2. Job Offer in Professional Level Position

You must have been offered employment from a company or a person in the US. And the job offer must be in a professional level job. In other words, someone wants to hire you to work in the US in a professional capacity. The job offer may come from a US employer or a foreign employer.

3. You must be a professional

The job offered to you must be related to your field of expertise or field of education. For example, you would be a good candidate for a TN Visa if you are offered a job in engineering and you have a university degree in engineering.

4. TN Visa Job List

Only job positions that are related to one of the 63 professions listed on the TN Visa Job List (see below) qualify for the TN Visa. For example, if you are offered an Engineering job, you need verify that ‘Engineer’ appears on the TN Visa Job List. In this case, Engineer is on the list, therefore the job you are being offered qualifies for a TN Visa.

Furthermore, to qualify for the TN Visa, you must meet the minimum required education/training listed with each profession.

General Professions – TN Visa

There are 2 professions that do not require any schooling:

        - (1) Management Consultant and (2) Scientific Technician.

There are 6 professions that only require a vocational diploma or certificate.

Profession with Minimum Requirements for Qualification:

1. Accountant - Bachelors or Licenciatura Degree, or CPA, CA, CGA or CMA

2. Architect - Bachelors or Licenciatura Degree, or State/Provincial License

3. Computer Systems Analyst - Bachelors or Licenciatura Degree, or

- Post-Secondary Diploma or Certificate, and three years experience

4. Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by insurance company, or an independent claims adjuster) - Bachelors or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims, or- Three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims

5. Economist - Bachelors, or Licenciatura Degree

6. Engineer - Bachelors or Licenciatura Degree, or State/Provincial License

7. Forester - Bachelors or Licenciatura Degree, or State/Provincial License

8. Graphic Designer - Bachelors or Licenciatura Degree, or- Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

9. Hotel Manager - Bachelors or Licenciatura Degree in hotel/restaurant management, or- Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management

10. Industrial Designer/Interior Designer - Bachelors or Licenciatura Degree, or- Post-Secondary Diploma or Certificate, and three years experience

11. Land Surveyor - Bachelors or Licenciatura Degree, or State/Provincial/Federal License

12. Landscape Architect - Bachelors or Licenciatura Degree

13. Lawyer/Attorney (including Notary in Quebec) - LLB, JD, LLL, BCL, or

- Licenciatura Degree (five years), or- Membership in a state/provincial bar

14. Librarian - MLS or BLS (for which another Bachelors or Licenciatura Degree was a prerequisite)

15. Management Consultant - Bachelors or Licenciatura Degree, or

- Equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or

- Five years experience in a field of specialty related to the consulting agreement

16. Mathematician Statistician - Bachelors or Licenciatura Degree

17. Range Manager/Conservationist - Bachelors or Licenciatura Degree

18. Research Assistant (working in a post-secondary educational institution) - Bachelors or Licenciatura Degree

19. Scientific Technician/Technologist - Possession of: (a) a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics, and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

20. Social Worker - Bachelors or Licenciatura Degree

21. Sylviculturist (including Forestry Specialist) - Bachelors or Licenciatura Degree

22. Technical Publications Writer - Bachelors or Licenciatura Degree

23. Urban Planner/Geographer - Bachelors or Licenciatura Degree

24. Vocational Counselor - Bachelors or Licenciatura Degree

Science Professions – TN Visa

The profession of Medical Technologist is the only one that does not require a Bachelors degree or a Licenciatura degree.

Profession Minimum Requirements for Qualification

1. Agriculturist (including Agronomist) - Bachelors, or Licenciatura Degree

2. Animal Breeder - Bachelors, or Licenciatura Degree

3. Animal Scientist - Bachelors, or Licenciatura Degree

4. Apiculturist - Bachelors, or Licenciatura Degree

5. Astronomer - Bachelors, or Licenciatura Degree

6. Biologist & Biochemist - Bachelors, or Licenciatura Degree

7. Chemist - Bachelors, or Licenciatura Degree

8. Dairy Scientist - Bachelors, or Licenciatura Degree

9. Entomologist - Bachelors, or Licenciatura Degree

10. Epidemiologist - Bachelors, or Licenciatura Degree

11. Geneticist - Bachelors, or Licenciatura Degree

12. Geologist & Geochemist - Bachelors or Licenciatura Degree

13. Geophysicist (including Oceanographer) - Bachelors, or Licenciatura Degree

14. Horticulturist - Bachelors, or Licenciatura Degree

15. Meteorologist - Bachelors, or Licenciatura Degree

16. Pharmacologist - Bachelors or Licenciatura Degree

17. Physicist (including Oceanographer) - Bachelors or Licenciatura Degree

18. Plant Breeder - Bachelors or Licenciatura Degree

19. Poultry Scientist - Bachelors, or Licenciatura Degree

20. Soil Scientist - Bachelors or Licenciatura Degree

21. Zoologist - Bachelors or Licenciatura Degree

Medical Professions – TN Visa

There is only 1 profession that does not require any schooling: Medical Technologist.

Profession Minimum Requirements for Qualification

1. Dentist - DDS, DMD, or

- State/Provincial License, or

- Doctor en Odontologia or Doctor en Cirugia Dental

2. Dietitian - Bachelors or Licenciatura Degree, or

- State/Provincial License

3. Medical Laboratory Technologist/Medical Technologist - Bachelors or Licenciatura Degree, or

- Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

4. Nutritionist - Bachelors, or Licenciatura Degree

5. Occupational Therapist - Bachelors or Licenciatura Degree, or

- State/Provincial License

6. Pharmacist - Bachelors or Licenciatura Degree, or

- State/Provincial License

7. Physician (teaching or research only) - M.D. or Doctor en Medicina, or

- State/Provincial License

8. Physiotherapist/Physical Therapist - Bachelors or Licenciatura Degree, or State/Provincial License

9. Psychologist - State/Provincial License, or Licenciatura Degree

10. Recreational Therapist - Bachelors, or Licenciatura Degree

11. Registered Nurse - State/Provincial License, or Licenciatura Degree

12. Veterinarian - DVM, DMV, or Doctor en Veterinaria, or State/Provincial License

Teachers & Professors – TN Visa

Only teachers and professors who teach at colleges, universities and seminaries qualify for the TN Visa. Teachers K-12 do not qualify.

Profession Minimum Requirements for Qualification

1. Colleges and University Teachers (including Professors) - Bachelors or Licenciatura Degree

2. Seminary - Bachelors or Licenciatura Degree.

What is the TN Visa Application Process?

The application process for a TN Visa is a simple process:

– TN Document Checklist

Once you hire our firm, our immigration attorney will provide you with a detailed checklist of the documents needed to prepare your TN Visa application. This checklist is the most important part of the application process, because it lays out exactly what will be needed to apply for the TN.

TN Visa Interview

Mexican Citizens

Mexican citizens must apply for the TN Visa at a US Consulate. So if you are Mexican, once your TN application is ready, our immigration attorney will schedule an interview appointment for you and your family at the US Consulate in Mexico. At this appointment, the US Consulate will interview you regarding your TN Visa application. Prior to your appointment, the Immigration Attorney will prepare you for the TN Visa interview. Upon approval of your application, the TN Visa will be stamped in your passport.

Canadian Citizen

On the other hand, if you are Canadian, you will apply for the TN Visa at a US Port of Entry where a CBP Officer will interview you. Prior to your TN interview, the Immigration Attorney will prepare you for the interview so that you are well prepared to answer the questions you may be asked.

What is the TN Visa Duration?

The TN Visa will initially last from 1 to 3 years.

What is the TN Visa Renewal?

TN visas can be renewed in increments of 1 to 3 years. There is no limit to how many times you can renew the TN Visa as long as you continue having a job offer in the USA.

Frequently Asked Questions About the TN Visa

1. What is a TN Visa?

The TN Visa is a work visa issued by the United States to citizens of Canada and Mexico to be employed in certain listed professions. There are 63 professions eligible for the TN Visa. TN Visa holders may work in the US for a US or a foreign employer. A TN Visa gives the foreign worker permission to live and work in the US during the visa validity period. When the foreign worker is issued a TN Visa, the spouse and children, who are under 21 years old and unmarried, are issued a TD Visa, which gives them permission to live and go to school in the US. The TN Visa may be issued for up 3 years at a time and there is no limit to how many times it may be renewed.

2. What does TN visa stand for?

The TN in TN Visa stands for “Trade NAFTA.” The TN Visa is made possible by the North American Free Trade Agreement (NAFTA).

3. How many times can you renew your TN visa?

There is no limit to how many times you can renew the TN Visa as long as you continue having a job offer in the USA.

4. How long is the TN visa valid for?

The TN Visa will initially last from 1 to 3 years. It can be renewed in increments of 1 to 3 years.

5. If I have a job and a TN Visa, can I get a new job with the same TN Visa?

The TN Visa is employer specific. If you want to change jobs, you will need to apply for a new TN Visa. Also, if you want to work with 2 employers at the same time, you can apply to have 2 TN Visas at the same time.

6. What if I am fired or laid off by my employer?

If for any reason you are let go from your current employer while under the TN status, you will be required to depart from the United States. However, you will be eligible to apply for a new TN Visa upon finding a new job offer.

7. Can I still apply for a TN Visa if I do not have a bachelor’s degree?

Yes, in some cases. There are a few TN professions that do not require a bachelor’s degree.

What is a H1B Visa?

The H1B Visa is a visa that allows US employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is an occupation that requires a bachelor’s degree or its equivalent. Employers must pay H-1B workers a prevailing wage based on their job and geographic location. The US issues 85,000 new H1B Visas per year, with 20,000 of those set aside for individuals who have a US master’s degree or higher. Examples of specialty occupations include computer programmer, engineer, accountant and medical doctor. Call today to schedule a free consultation regarding the H1B Visa with one of our immigration lawyers.

What are the Benefits of the H1B Visa?

The major benefits the H1B Visa offers are:

1. Live in the USA

With the H1B Visa, you and your immediate family will be able to legally live in the USA. Immediate family includes your spouse and your unmarried children under the age of 21.

2. Work in the USA

You will be authorized to legally work in the USA.

3. Public Education

Your children will have access to schools in the USA and be able to attend classes from Pre-K to high school.

4. University

Your children that have already graduated from high school will be able to attend universities on the H4 visa.

5. Social Security Number

The applicant will be able to get a Social Security Number.

6. Driver’s License

The applicant will be eligible to apply for US Drivers Licenses.

7. Green Card Eligibility

One of the most appealing benefits of having an H1B Visa is that it opens the door to a Green Card. This visa facilitates the H1B to Green Card process.

What are the Requirements of the H1B Visa?

There are 5 general requirements that must be met to qualify for the H1B Visa:

1. Offer of Employment in the USA

A company or person in the US must be offering you a job.

2. The job offered must require a university degree or equivalent experience

The job you are offered in the US must require a bachelor’s degree or equivalent experience.

3. You must have at least a bachelor’s degree, its foreign equivalent, or equivalent experience.

You must have a bachelor’s degree or its foreign equivalent. If you have a degree from outside the US, we can determine if your degree is the equivalent to a bachelor’s degree.

If you do not have a bachelor’s degree, but you have work experience related to the job you are being offered, then your experience can be treated as an acceptable substitute for the bachelor’s degree. Generally, 3 years of relevant work experience is considered equal to 1 year of university studies. So, for example, if the position offered requires a bachelor’s degree in accounting you may qualify for the position if you have 12 years of accounting experience.

4. Your job offer must be related to your college degree or equivalent experience.

Example: If you have a degree in architecture, then the job the US employer is offering you must be related to architecture.

5. The job offered must pay you the same amount that a US worker would have been paid in the same job and geographic location.

Example: If a US worker in the same job would have earned $60,000 a year, then you must also earn at least $60,000 a year to qualify for the H1B.

Our immigration attorney can determine if the salary offered meets this H1B requirement. Call for a consultation.

What is the H1B Visa Application Process?

The application process for the H1B Visa is a two-step application process.

Document Checklist for H1B Visa

When you start the H1B application, our immigration lawyer will provide you with a tailored, detailed checklist of the documents needed to prepare both Step 1 and Step 2 of the H1B Visa application. Generally, the documents needed from the worker are those needed to show that he/she is a professional. The documents needed from the employer are to show that the company can afford to hire the worker.

Step 1 – USCIS H1B Application

Once the applicant has provided the immigration attorney the necessary documents, we will prepare Step 1 of the application. Step 1 of the application is submitted to USCIS and the process can take anywhere from 1 to 4 months. Once USCIS approves Step 1, we then move on to Step 2.

Step 2 – US Consulate Application

Once Step 1 is done and approved, we will prepare Step 2 that will be presented to the US Consulate in your home country. This step of the application includes an H1B interview by a US Consular Officer. It is at this step that the H1B Visa is stamped onto the applicant’s passport upon approval.

H1B Interview

Prior to the Applicant’s H1B interview with the US Consular Officer in Step 2, our immigration lawyer will schedule an appointment with you, to help prepare you for the visa interview. The immigration lawyer will help you understand the questions you are most likely to face in your H1B interview.

What is the H1B Visa Duration?

The H1B Visa is issued for 3 years, then it is extendable for another 3 years, for a total of 6 years. After that, you return home unless you change to another visa or your employer applies for your Green Card. If you are applying to change your H1B to a Green Card, you can extend your H1B beyond the 6 years, until the Green Card process is finished.

Frequently Asked Questions About the H1B Visa

1. What is the H1B visa?

The H1B Visa is a visa that allows US employers to temporarily employ foreign workers in specialty occupations. A “Specialty Occupation” is an occupation that requires a bachelor’s degree or its equivalent. Employers must pay H-1B workers a “prevailing wage” based on their job and geographic location. The US issues 85,000 new H1B work visas per year, with 20,000 of those set aside for individuals who have a US master’s degrees or higher. Examples of specialty occupations include computer programmer, engineer, accountant, and medical doctor.

2. Can my wife and kids come with my H1B visa?

Yes, you and your immediate family may come to live in the USA when you get an H1B. Immediate family includes spouse and children who are unmarried and under the age of 21. The spouse and children of an H1B visa holder are issued a visa called the H4 visa. The H4 visa is the one issued to dependents of H1Bs. Those on the H4 Visa are not authorized to work, but do have permission to attend school in the US.

3. How do I start applying for the H1B visa?

To start applying, the first thing you need is a job offer from an employer in the US willing to apply for your H1B work visa. The visa applicant needs the support of the employer to apply. Therefore, the best thing to do is to contact an immigration attorney as soon as the US employer tells you they will help you apply for the H1B.

4. When should I apply for the H1B, while I am on the F1 or when I have OPT?

It is recommended that you apply for the H1B the first opportunity you get. If you have an employer willing to apply while you are on the F1, then apply while you are on the F1, but remember to apply for your OPT as well. This is advisable because it increases your chances of getting one of the limited number of H1B visas available each year. So, if you can, apply when you have the F1, and if you don’t get it, then apply again the next year while on the OPT.

What is an L1A Visa?

The L1A Visa is a work visa for high-level corporate personnel of a foreign company to be transferred to work at a company in the US. To qualify, there must be a foreign company seeking to transfer a worker to a US company. Both companies must be owned by or a part of the same corporate group. The L1A visa is not for low-level employees. It is for executives and managers, which for L1A purposes, means that it is limited to high-level personnel responsible for making important corporate decisions and who supervise subordinates who also make important corporate decisions.

    For example:

         John is an executive at “Company A” located in Spain.         Company A has a sister company in the US called “Company B”.         John is to be transferred to be an executive in the US at         Company B. The L1A visa would allow John to be transferred         from the company in Spain to work at the company in the US.

The L1A investor visa is used by both employees and by investors, i.e., owners of multinational companies. Employees use it as a work visa. Business owners use it as an investor visa. In other words, the L1A can be used in different ways, although the requirements for getting the visa remain the same. Contact our office to speak directly to one of our immigration lawyers about qualifying for the L1A investor visa.

What are the Benefits of the L1A Visa?

The L1A Visa has many great immigration benefits.

1. Live in the USA:

With the L1A visa you and your immediate family will be able to legally live in the USA. Your immediate family includes your spouse and your unmarried children under the age of 21.

2. Work in the USA:

The L1A will authorize you to work in the USA. Your spouse will be eligible to get a work permit. Your spouse’s work permit allows your spouse to legally work for any employer in the USA.

3. Public Education:

Your children will have access to schools in the USA, everything from pre-kinder to colleges and universities without needing a Student Visa.

4. Social Security Number & Driver’s License:

You and your spouse will be able to get Social Security Numbers and will be eligible to apply for US Driver’s Licenses.

5. L1A to Green Card:

One of the most important benefits of the L1A Visa is that it facilitates the Green Card application process. This makes the L-1A very attractive to people interested in a Green Card. In most cases, people who qualify for the L1A visa, already qualify for a Green Card. To determine if you can qualify for a Green Card, schedule a visit with our immigration attorney.determine if you can qualify for a Green Card, schedule a visit with our immigration attorney.

What are the Requirements of the L1A Visa?

There are 6 main requirements to qualify for the L-1A Visa.

1. Foreign Company:

There must be a company outside the US (Foreign Company), currently operating, where the applicant has been employed.

2. US Company:

There must be a company in the USA (US Company), currently operating or in the process of being established, where the applicant plans to work.

3. Same Corporate Group:

The same person(s) or corporate group must own and control both the US Company and Foreign Company. Some examples of corporate structures that qualify as being part of the same corporate group include:

(a) The same person(s) owns the whole Foreign Company and US Company;

(b) The US Company owns the Foreign Company as a subsidiary or vice versa;

(c) A corporate group owns both companies; and

(d) The same person(s) own a controlling interest in both companies.

4. Work at Foreign Company:

The applicant must have worked with the Foreign Company as an executive or manager for at least 1 whole, continuous year during the last 3 years before applying for the L1A Visa. If the applicant is already in the US working for the US Company, then this requirement must be met during the 3-year period before the applicant started working in the US for the US Company.

5. Work at US Company:

The L1A applicant must plan to work as an executive or manager with the US Company.

6. Physical Location:

The US Company is required to have a physical location where the applicant will work in the USA, such as an office, a factory, a store, etc.

What is the L1A Visa Application Process?

The L1A Visa application is a two-step process.

L1A Document Checklist:

Once you start the process, the first thing our immigration attorney will do is provide you with a very detailed checklist of the documents needed to prepare your L1A Visa application. This checklist is custom made to your specific situation and therefore very important because it spells out exactly what will be needed from you to complete the application.

Application #1 – USCIS:

Once you provide us with the requested documents, we will prepare Application #1 for the L1A. This application is submitted to USCIS. On average, the review process can take anywhere from 2 weeks with Premium Processing to 4 months without Premium Processing. Once USCIS approves Application #1, we then move on to Application #2.

Application #2 – US Consulate:

The immigration lawyer will prepare Application #2 which will be presented at a US Consulate in your home country. This step includes an interview by a US Consular Officer. Upon being approved, the L1A Visa is stamped onto the applicant’s passport immediately after the interview.

L1A Interview Preparation:

Prior to the applicant’s L1A interview at the US Consulate (Application #2), you will have an interview preparation session with our immigration attorney to help guide you. During this session, you will learn about the questions you are most likely to get during the L1A interview. The preparation will make you feel a lot more comfortable during your interview.

What is the L1A Visa Duration?

Initially, the L1A investor visa is issued for 3 years. However, if you are coming to work for a US company that is less than 12 months old, the L1A is initially issued for 1 year. You can be on an L1A Visa for a maximum of 7 years. However, many L1A holders apply for a Green Card before they reach the 7th year on the L1A. See our explanation of the L1A to Green Card application process below the Green Card tab

What is the L1A Visa Renewal?

L1A renewals are issued in increments of 2 years at a time. In most cases, the procedure for renewing the L1A is the same as the procedure for first time L1A applications, which is described above. Often L1A extension applicants only apply for an extension of the L1A status with USCIS and forgo applying for the visa at a US Consulate.

Frequently Asked Questions About the L1A Visa

1. When can the L1A Visa holder apply for a Green Card?

You may apply for a Green Card as soon as you have an L1A Visa. However, if you are working for a US company that is less than 12 months old, then you must wait until the US company is more than 12 months old before applying for the Green Card.

2. Can I get another L1A after I have already been on the L1A for 7 years?

Once you have reached the 7-year maximum, you must leave the USA for one year before you can apply for the L1A again. If you will need the L1A beyond the 7th year, it is recommended that you apply for a Green Card before you reach the maximum stay on an L-1A Visa.

3. What if the USA Company is not in the same industry as the Foreign Company?

There is no requirement that the two companies be in the same kind of business. For example, you could get the L1A if the company outside the US is in the clothing business and the US company is in the restaurant business.

4. How do I qualify as an L1A manager?

To be considered a manager, you must have a high-level position in the company organizational chart and you must have the duties matching your high-level position. Typically, L1A managers must exercise discretion over day to day operations and must supervise other supervisory employees, i.e., you must be the boss of another boss. You can qualify for the L1A if at least half or more of your work time will be spent on managerial duties. In other words, your primary job duties must be managerial even if you do have some less prominent duties which are non-managerial.

5. What is an L1A function manager?

There is an exception to the requirement of being the boss of another boss. It is called the function manager. This is for L1A applicants who do not supervise other workers but do manage an essential role within an organization. The role of a function manager is required to be of impact to the entire company structure. The best-case scenario is when a function manager is also responsible for setting goals or has responsibilities for managing the implementation of policies and strategies. Call to speak to our immigration attorney Gerardo Menchaca to analyze your situation and determine if you can qualify as a function manager.

6. What is an L1A executive?

Executives are responsible for overall management of the company or a major division. These have limited supervision, if any, from other executives or from a board of directors. L1A executives must establish goals and policies for the whole company or a major component of the company. A factor to consider is whether other high-level personnel reports to the executive either directly or indirectly.

What is an L1B Visa?

The L-1B Visa is for key employees of a foreign company to be transferred to work at a company in the US. To qualify, the foreign company and the US company must be owned by the same corporate group. The L1B work visa is not for low-level employees. It is for key employees, which for L1B purposes, means that it is limited to employees that possess specialized skills that are valuable and necessary for the business to operate. Key employees have knowledge about the company that makes them hard to replace. To find out if you qualify for an L1B Visa, call our office to schedule a consultation with one of our immigration lawyers.

What are the Benefits of the L1B Visa?

The L1A Visa has many great immigration benefits.

1. Live in the USA:

With the L1B visa you and your immediate family will be able to legally live in the USA. Your immediate family includes your spouse and your unmarried children under the age of 21.

2. Work in the USA:

The L1B will authorize you to work in the USA. Your spouse will be eligible to get a work permit. Your spouse’s work permit allows your spouse to legally work for any employer in the USA.

3. Public Education:

Your children will have access to schools in the USA, everything from pre-kinder to colleges and universities without needing a Student Visa.

4. Social Security Number & Driver’s License:

You and your spouse will be able to get Social Security Numbers and will be eligible to apply for US Driver’s Licenses.

What are the Requirements of the L1B Visa?

There are 7 main requirements to qualify for the L1B Visa:

1. Foreign Company

There must be a company outside the US (Foreign Company), currently operating, where the applicant has been employed.

2. US Company

There must be a company in the USA (US Company), currently operating or in the process of being established, where the applicant plans to be employed.

3. Same Corporate Group

The same person(s) or corporate group must own and control both the US Company and Foreign Company. Some examples of being part of the same corporate group include:

• The same person(s) owns the Foreign Company and US Company,

• The US Company owns the Foreign Company as a subsidiary or vice versa,

• A corporate group owns both companies, and

• The same person(s) own a controlling interest in both companies.

4. Work at Foreign Company

The applicant must have worked with the Foreign Company as a key employee for at least 1 whole continuous year during:

• The last 3 years before applying for the L1B Visa, or

• If the applicant is already in the US working for the US Company with another kind of visa, during the last 3 years before starting work for the US Company.

5. Work at US Company

The L1B applicant must plan to work as a key employee with the US Company.

6. Physical Location

The US Company is required to have a physical location where the applicant will work in the USA, such as an office, a factory, a store, etc.

7. Key Employee with Specialized Knowledge

To qualify for the L1B, the applicant should possess at least one of the following:

a. A skillset valuable to the US Company that distinguishes him/her from other employees and makes them difficult to replace; or

b. A high level of expertise and familiarity with the company’s services, management, or products that was gained through work experience.

What is the L1B Visa Application Process?

The L1B Visa application is a two-step process:

L1B Document Checklist

Once you start the process, the first thing our immigration attorney will do is provide you with a very detailed checklist of the documents needed to prepare your L1B Visa application. This checklist is custom made to your situation and therefore very important because it spells out exactly what will be needed from you to complete the application.

Application #1 – USCIS

Once you provide us with the requested documents, the immigration lawyer will prepare Application #1 for the L1B. This application is submitted to USCIS. On the average, the review process can take anywhere from 2 weeks with Premium Processing to 4 months without Premium Processing. Once USCIS approves Application #1, we then move on to Application #2.

Application #2 – US Consulate

The immigration attorney will prepare Application #2, which will be presented at a US Consulate in your home country. This step includes an interview by a US Consular Officer. Upon being approved, the L1B Visa is stamped onto the applicant’s passport immediately after the interview.

L1B Interview Preparation

Prior to the applicant’s L1B interview at the US Consulate (Application #2), you will have an interview preparation session with the immigration attorney to help guide you. This preparation will make you feel a lot more comfortable during your interview.

What is the L1B Visa Duration and Renewal?

The L1B Visa is issued for 3 years and can be renewed for 2 more years. You can be on an L1B work visa for a maximum of 5 years.

What is an H2A Visa?

The H2A Visa is a work visa issued by the United States to foreign workers in seasonal, as opposed to year-round, agricultural jobs. The H2A employer must be able to prove that its labor needs are seasonal or temporary, which means that the labor need should be for less than 12 months. Employers with continuous or ongoing labor needs are not eligible to hire H2A workers. H-2A employers are required to provide free housing and meals to workers with H2A work visas. This visa is only available to citizens of countries which have been designated as H2A eligible countries. For more information on the H2A work visa, call our office to schedule a consultation with one of our immigration lawyers.

What are the Benefits of the H2A Visa?

These are the main benefits that H2A workers receive.

1. Live in the USA

With the H2A Visa, you and your immediate family will be able to legally live in the USA. Immediate family includes your spouse and your unmarried children under the age of 21.

2. Work in the USA

You will be authorized to legally work in the USA.

3. Public Education

Your children will have access to schools in the USA and will be able to attend classes from Pre-K to high school.

4. Social Security Number & Driver’s License

H2A workers are eligible to obtain a Social Security Number and a US Driver’s License.

What are the Requirements of the H2A Visa?

To qualify for the H2A, both the employer and the employee must meet certain main requirements. The employer must be able to prove a seasonal need for H2A workers. Often historical payroll records are used to prove increased seasonal need for labor. The employer must also agree to provide free meals and free housing to workers, as well as to pay for the workers’ transportation costs in and out of the United States. On the other hand, the worker must have a job offer from an H2A employer for seasonal agricultural employment. Additionally, the worker must be a citizen of an approved country. This H2A country list is subject to annual changes. Call our Immigration Attorney to request an updated H2A country list..

What is the H2A Visa Application Process?

Before a worker can apply for an H2A visa, the employer must be approved to be an H2A employer. To do this, the employer must file a Labor Certification application with the US Department of Labor. The Labor Certification can be approved if the employer can show that there is a shortage of US workers available for the agricultural jobs. Once the employer is certified as eligible to hire H2A workers by the US Department of Labor, then applications for H2A status for the workers are submitted first with USCIS and then with the US Consulate outside the US where the H2A workers live. 

What is the H2A Visa Duration?

The H2A can be issued for a period of up to 364 days. The duration of an H2A depends on the approved period of employment on the Labor Certification. For example, if the Labor Certification was approved for 200 days, the visa will be issued for 200 days.

What is the H2A Visa extension?

You may extend the H2A visa for a total of up to 3 years. Extensions are issued in 1 year increments. For an extension to be approved, the H2A employer must prove that it still has a seasonal need for labor.

Frequently Asked Questions About the H2A Visa

1. Will I be able to travel in and out of the US with the H2A visa?

Yes, the is no limit to the number of times you can travel in and out of the USA.

2. Can I bring my dependents with me to the US with the H2A visa?

Yes, the dependents of an H2A worker get an H4 visa. However, most employers only provide free housing to the H2A worker, so opportunity to bring dependents to the US is not common.

What is an H2B Visa?

The H2B Visa is a work visa most commonly used by non-agricultural foreign workers in jobs characterized as seasonal or intermittent, as opposed to year-round jobs. The H2B employer must be able to prove that its labor needs are seasonal, temporary or peak load, which means that the labor need should be for less than 12 months. Employers with continuous or ongoing labor needs are not eligible to hire H2B workers. The type of work performed by the H2B worker is irrelevant, so long as it is non-agricultural work. What matters is that the employer’s need for labor be temporary as opposed to lasting 12-months or more. USCIS only issues 66,000 H2B visas per year. This visa is only available to citizens of countries which have been designated as H2B eligible countries. The H2B visa is also used by entertainers going on tour in the US, professional minor league players, as well as movie and film workers. To discuss the H2B work visa, contact our office to schedule a consultation with one of our immigration lawyers.

What are the Benefits of the H2A Visa?

These are the main benefits that H2B workers receive.

1. Live in the USA

With the H2B Visa, you and your immediate family will be able to legally live in the USA. Immediate family includes your spouse and your unmarried children under the age of 21.

2. Work in the USA

You will be authorized to legally work in the USA.

3. Public Education

Your children will have access to schools in the USA and will be able to attend classes from Pre-K to high school.

4. Social Security Number & Driver’s License

H2B workers are eligible to obtain a Social Security Number and a US Driver’s License.

What are the Requirements of the H2B Visa?

To qualify for the H2B, both the employer and the employee must meet certain main requirements. The employer must be able to prove a seasonal need for H2B workers. Often historical payroll records are used to prove increased seasonal need for labor. Unlike the H2A visa, the employer is not required to provide free meals and free housing to workers. On the other hand, the worker must have a job offer from an H2B employer for non-agricultural employment. Additionally, the worker must be a citizen of an approved country. This H2B country list is subject to annual changes. Call our Immigration Attorney to request an updated H2B country list. Lastly, there is limited number of H2B visa available each year, so it is important to apply before USCIS runs out of work visas. Our immigration attorneys are knowledgeable on the requirements of the H2B work visa.

What is the H2B Visa Application Process?

Before a worker can apply for an H2B visa, the employer must be approved to be an H2B employer. To do this, the employer must file a Labor Certification application with the US Department of Labor. The Labor Certification can be approved if the employer can show that there is a shortage of US workers available for the non-agricultural jobs it wishes to fill with H2B workers. Once the employer is certified as eligible to hire H2B workers by the US Department of Labor, then applications for H2B status for the workers are submitted first with USCIS and then with the US Consulate outside the US where the H2B workers live. 

What is the H2B Visa Duration?

The H2B can be issued for a period of up to 364 days. The duration of an H2B depends on the approved period of employment on the Labor Certification. For example, if the Labor Certification was approved for 200 days, the visa will be issued for 200 days.

What is the H2B Visa extension?

You may extend the H2B visa for a total of up to 3 years. Extensions are issued in 1 year increments. For an extension to be approved, the H2B employer must prove that it still has a seasonal need for labor.

Frequently Asked Questions About the H2B Visa

1. Will I be able to travel in and out of the US with the H2B visa?

Yes, the is no limit to the number of times you can travel in and out of the USA.

2. Can I bring my dependents with me to the US with the H2B visa?

Yes, the dependents of an H2B worker get an H4 visa.

What is an E1 Visa?

The E1 Visa is most commonly used by owners of companies in the import/export business, but employees of E1 Visa holders can also use it as a work visa. E1 Visa holders use the E1 Employee Visa to bring foreign workers to the US to work for their US operations. To qualify, first the employee must have the same nationality as the E1 Visa holder they will work for in the US. Secondly, the employee must be coming to the US to work as an executive, manager or as a key employee. For more information about the E1 Visas, call our office to schedule a consultation with one of our immigration lawyers.

What are the Benefits of the E1 Visa?

The major benefits the E1 Employee Visa offers are:

1. Live in the USA

The applicant and immediate family will be able to legally live in the USA. Immediate family includes spouse and unmarried children under the age of 21.

2. Work in the USA

The applicant will be authorized to legally work in the USA. The applicant’s spouse will also be eligible to get a work permit. This work permit allows the spouse to legally work for any employer in the USA.

3. Public Education

Children will have access to schools in the USA and be able to attend classes from Pre-K to high school.

4. University

Children that have graduated from high school will be able to attend universities in the US without a Student Visa.

5. Social Security Number

The applicant and spouse will be able to get Social Security Numbers.

6. Driver’s License

The applicant and spouse will be able to get a US Driver’s License.

What are the Requirements of the E1 Visa?

There are 3 main requirements to obtaining the E1 Employee Visa:

1. Job Offer from E1 Visa Holder

The most important requirement to obtain an E1 Employee visa is to be offered a job from someone who has the E1 Visa, or from someone who at least qualifies to get the E1 Visa for him/herself. To learn about the E1 Visa requirements see our ‘E1 Visa’ page under “Investor Visas’.

2. Job Offer as Executive, Manager or Key Employee

The E1 Employee visa is only for high-level personnel such as executives and managers. Key employees also qualify. A key employee is one that possesses specialized skills that are valuable and necessary for the business to operate.

3. Same Nationality as E1 Visa Holder

The person applying for the E1 Employee Visa and the E1 Visa holder making the job offer must have the same nationality. For example, if the E1 Visa holder offering the job is Canadian, the E1 Employee must also be Canadian.

What is the E1 Visa Application Process?

Applying for the E1 Employee Visa is a simple process that has the following steps:

1. Document Checklist

Once you hire our law firm, our immigration attorney will prepare a very detailed checklist of the documents needed to prepare the E1 Employee Visa application. This checklist is the most important part of the application, because it explains exactly which documents will be needed to apply for the E1 employee visa.

2. Application Prepared

Once the attorney has received the requested documents, we will prepare the E1 Employee Visa application.

3. Interview with US Consulate

The last step of the E1 Employee Visa process is the visa interview. Once the application is ready, we will schedule the interview appointment, for the applicant and immediate family, at a US Consulate. Prior to this interview, our immigration attorney will prepare the applicant for the visa interview. 

Frequently Asked Questions About the E1 Visa

1. How long does the E1 Visa for Employees last?

Generally, the E1 Employee Visa can be issued for up to 5 years at a time. It can also be renewed in increments of up to 5 years. More importantly, there is no limit to the number of times the E1 Employee Visa can be renewed.

What is an E2 Visa?

Work Visa for Employees of E2 Investors

The E2 Visa is both an investor visa and work visa. The E2 visa is used by investors and business owners as an investor visa, and it is also used by employees of E2 investors as a work visa. E2 investors use the E2 Employee Visa to bring foreign workers to the US to work for their US businesses. To qualify, first the employee must have the same nationality as the E2 investor they will work for in the US. Secondly, the employee must be coming to the US to work as an executive, manager or as a key employee. For more information about the E2 work visa for employees, call our office to schedule a consultation with one of our immigration lawyers.

What are the Benefits of the E2 Visa?

The major benefits the E2 Employee Visa offers are:

1. Live in the USA

The applicant and immediate family will be able to legally live in the USA. Immediate family includes spouse and unmarried children under the age of 21.

2. Work in the USA

The applicant will be authorized to legally work in the USA. The applicant’s spouse will also be eligible to get a work permit. This work permit allows the spouse to legally work for any employer in the USA.

3. Public Education

Children will have access to schools in the USA and be able to attend classes from Pre-K to high school.

4. University

Children that have graduated from high school will be able to attend universities in the US without a Student Visa.

5. Social Security Number

The applicant and spouse will be able to get Social Security Numbers.

6. Driver’s License

The applicant and spouse will be able to get a US Driver’s License.

What are the Requirements of the E2 Visa?

There are 3 main requirements to obtaining the E2 Employee Visa:

1. Job Offer from E2 Investor

The most important requirement to obtain an E2 Employee visa is to be offered a job from someone who has an E2 Visa (an E2 Investor), or from someone who at least qualifies to get an E2 Visa for him/herself. To learn about the E2 Visa requirements see our ‘E2 Visa’ page under “Investor Visas’.

2. Job Offer as Executive, Manager or Key Employee

The E2 Employee visa is only for high-level personnel such as executives and managers. Key employees also qualify. A key employee is one that possesses specialized skills that are valuable and necessary for the business to operate.

3. Same Nationality as E2 Investor

The person applying for the E2 Employee Visa and the E2 investor making the job offer must have the same nationality. For example, if the E2 investor is Canadian, the E2 Employee must also be Canadian.

What is the E2 Visa Application Process?

Applying for the E2 Employee Visa is a simple process that has the following steps:

1. Document Checklist

Once you hire our law firm, our immigration attorney will prepare a very detailed checklist of the documents needed to prepare the E2 Employee Visa application. This checklist is the most important part of the application, because it explains exactly which documents will be needed to apply for the E2 employee visa.

2. Application Prepared

Once the attorney has received the requested documents, we will prepare the E2 Employee Visa application.

3. Interview with US Consulate

The last step of the E2 Employee Visa process is the visa interview. Once the application is ready, we will schedule the interview appointment, for the applicant and immediate family, at a US Consulate. Prior to this interview, our immigration attorney will prepare the applicant for the visa interview. 

Frequently Asked Questions About the E2 Visa

1. How long does the E2 Visa for Employees last?

Generally, the E2 Employee Visa can be issued for up to 5 years at a time. It can also be renewed in increments of up to 5 years. More importantly, there is no limit to the number of times the E2 Employee Visa can be renewed.

2. Does the employer need to have the E2 Visa for the employee to qualify for the E2 Employee Visa?

No, if the employer qualifies for the E2 visa, even if he/she has never even applied for it, the employee can apply for the E2 Employee Visa. However, it is important to keep in mind that the employer and the employee must have the same nationality.

J Visas

Chances are you have seen or met a foreign exchange student in your life. Or maybe you had a foreign teacher/tutor helping you turn that F into an A-plus? The point I’m trying to make here is many of us have had a foreign exchange student or person impact our lives! But have you ever thought about how they got here legally and what the process was for them?

Let’s dive right in!

What is a J Visa and who is it for?

These visas are for foreign nationals who are students, scholars, trainees, teachers, professors, research assistants, or leaders in a field of specialized knowledge. The holders of these visas must come to the US to teach, instruct/lecture, study, observe, conduct research, consult in a program, or to receive medical training.

Exchange Visitor information:

Common foreign exchange job titles: camp counselor, intern, professor, research scholar, student, teacher and more.

How to apply for a J visa:

There are several ways you can apply for the J Visa.

* Complete the online Visa application

* Complete the online nonimmigrant Visa application (Form DS-160): make sure to print when completed

* Photo ID: you must upload your photo while completing the form

* Schedule an interview (required for ages 14-79)

* Prepare for your interview: make sure to pay the non-refundable visa application fee

* Gather required Documentation: passport, Form DS-160, application visa receipt, photo, Form DS-2019, Form DS-7002

* Additional Documentation: the purpose of travel, intent to depart the U.S. after travel, and ability to pay all travel costs

* Attend Visa Interview

* Two years Home Country physical presence requirement

No need to worry, we have your back:

We know this is a lot of information to handle all at once and we know how complicated this process can be without an attorney there to help and represent you. We are here to do all the dirty work and provide you with a stress-free experience. Schedule a consultation call today so we can get started!

L Visas

The L intracompany transferee visa is a great option for international executives, managers, and persons with special knowledge. The L intracompany transferee visa allows its holder to apply for permanent residence as an international executive or manager. Persons with special knowledge must apply for permanent residence using the second preference.

An applicant must be employed by the international branch for one year before admission.

What is the L Intracompany Transferee Visa?

The L visa allows an international executive or manager to come to the United States to manage a branch of an affiliate, branch, or subsidiary of an international company. The two companies must be affiliates, branches, or subsidiaries. This could be shown by common ownership or control by the international branch. The two companies must be operating and producing income. The two companies must also have employees which the L visa applicant overseas. In the case of a person with special knowledge, the person must show that he has uncommon knowledge regarding the company’s procedures or products.

International Executives L-1A Visa

An international executive is defined as a person who:

* Directs the management of the company or a major component

* Establishes goals and policies

* Receives minimal supervision from higher-ups in the company

International Manager L-1A Visa Benefits

An international manager could benefit from the L1-A visa if she:

* Manages the organization, department, subdivision, function, or component in the company

* Supervises the work of other supervisory, professional, or managerial employees, or manages an essential function of the company

* Has the authority to hire or recommend employees

* Exercises discretion over day-to-day operations

* Specialized Knowledge L1-B Visa

Persons with specialized knowledge may benefit from the L1-B visa. Congress has defined specialized knowledge as knowledge of the company’s products in international markets or advanced knowledge of processes and procedures of the company. Examples of Specialized Knowledge include:

* Foreign operating conditions of significant value to the employer

* Assignments that have enhanced operations

* Knowledge gained through previous employment with the employer

As mentioned above, persons with specialized knowledge must go through the labor certification process to gain permanent residence in the United States.

Intra Company Transfer to a New Branch

The duration of the L intracompany transferee visa is two years and must be renewed. There is a 6 years limit on the L visa duration. However, a new branch in the United States allows initial approval for one year only. Lastly, the purchase of an existing company that has existed for more than one year allows for initial approval for two years.

L Visa Application Process

The application has to be filed in the United States by either the United States branch or the parent company. If the Beneficiary is not in the United States, the application would be transferred to the consulate for processing. A Beneficiary can file for a change of status if they are in the United States at the time of the application.

P Visas

We’ve all either been to live concerts or at the very least seen them on the TV. What's your favorite game/concert you’ve ever been to in person?

The truth is performers visit foreign countries all the time for work since they usually have an international audience (well, if they're really good then they do at least). And sometimes they get offered a job opportunity in a foreign country and it’s an opportunity they cannot refuse.

Think of some of your favorite athletes who moved to America because they had the best opportunity for success here. Luka Doncic, Dirk Nowitzki, Alexander Ovechkin, Roger Federer, maybe someone else? Chances are they all had to obtain a P Visa once in their lifetime.

Let’s dive in.

What’s a P Visa and who's it for?

P non-immigrant visas are for artists, entertainers who individually or as part of a group come to the United States for performances. The foreign national may also come to the United States through an exchange program between the United States and an organization.

P Visa is a short-term U.S work Visa usually for the entertainment industry (sports athletes, musicians, circuses and more) with a job offer from a U.S. employer.

What are the benefits of the P Visa?

* The P visa holder can work legally in the U.S. for the P visa sponsor. If, however, the person wants to change jobs, getting a new visa will be necessary.

* P visas can be issued relatively quickly.

* P visas will be granted for the length of time needed to complete a particular event, tour, or season, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years with one extension of up to five years.

* P visa holders may also be allowed some extra time for vacation, as well as for promotional appearances and stopovers incidental and/or related to the event.

* A P visa holder may travel in and out of the U.S. or stay continuously for as long as the P visa stamp and status are valid.

* A spouse and unmarried children under age 21 may receive P-4 visas to accompany the main P visa holder, but they may not accept employment in the United States.

Do I qualify for a P Visa?

P-1 visas are available to athletes or teams that are internationally recognized. Entertainment companies that have been nationally recognized as outstanding for a long time also qualify. P-1 visas can be serviced based on the notoriety and professionalism of a group.

In the case of an entertainment company, each performer who wishes to qualify for a P-1 visa must have:

* Been an important part of the group for at least one year

* This requirement may be waived in certain situations, where due to illness or other unanticipated circumstances, a critical performer is unable to travel.

* The one-year requirement is for performers only. It does not apply to other staff members. It also does not apply to anyone at all who works for a circus, including performers.

No need to worry, we have your back:

We know this is a lot of information to handle all at once and we know how complicated this process can be without an attorney there to help and represent you. We are here to do all the dirty work and provide you with a stress-free experience. Schedule a consultation call today so we can get started!

O Visas

Growing up we all looked up to someone (besides our parents, of course). There was a special athlete, musician, dancer, singer, a business professional, or someone else that influenced us in ways we cannot explain. It doesn’t matter the profession...

These people captured our attention, and they were special. Every time they spoke, performed, or were in town we paid close attention. In a way, we were obsessed with them. Elvis Pressley, Michael Jordan, Tony Robbins, Conor McGregor, Muhammad Ali, and more...

These people are special... and special people always travel the world to show their talents. These talented professionals can’t just travel to foreign land whenever they want though. There are legal terms that must be taken care of beforehand.

What is an O Visa and who is it for?

O non-immigrant visas are for foreign nationals with extraordinary ability in the sciences, arts, academics, or athletics who have sustained national or international acclaim. In the case of motion picture and television productions, the foreign national must have been recognized in the field through extensive documentation.

O-2 visas are for support staff of such immigrants, or if the person is an integral part of the performance, or has critical skills for the actual performance. Spouses may accompany under O-3 visas.

How do I qualify for an O Visa?

If you plan on applying for an O Visa you must qualify for at least 3 of the following requirements:

* Have received national or international awards/prizes of excellence in your field.

* Being a member of associations, whose membership requires outstanding achievement, judged by nationally or internationally recognized experts in the respective discipline.

* Your work has been featured in professional or high-profile trade publications or mainstream media.

* You have served in some capacity as a judge of others in the same (or closely related) field. This could either be individual or as part of a judging panel.

* Have had articles published in professional or notable trade publications.

* Have made original scientific, academic, or business contributions of major significance in respective field.

* Have served in a leading or critical capacity for highly regarded organizations or establishments.

* Command a high salary or remuneration for your services.

* Other relevant evidence of exceptional expertise that does not fit any of the above criteria.

How long does my O Visa last?

Your O Visa can last up to three years. However, you may be able to extend your O Visa for an additional year if need be.

How do I file for an O Visa/what forms do I need to prepare?

How to file for O Visa:

* Read the instructions for Form I-129, Petition for a Nonimmigrant Worker

* Complete and sign Form I-129

* Pay the filing fee, if applicable

* Provide all required evidence and supporting documentation

After you file for O Visa:

* You’ll receive receipt notice confirming we received your petition

* Biometric services notice (if applicable)

* Notice to appear for an interview (if required)

* Notice of our decision

No need to worry, we have your back!

We know this is a lot of information to handle all at once and we know how complicated this process can be without an attorney there to help and represent you. We are here to do all the dirty work and provide you with a stress-free experience. Schedule a consultation call today so we can get started!

Call us today at (346) 808-0226 to schedule a consultation with Attorney Brian West.