Business Based Immigration
Employment and Business Based Immigration
Isa Law understands how difficult it can be to navigate the complex process of getting the right visa so you can legally work or operate a business in the United States. The U.S. immigration process can be overwhelming, confusing, and frustrating, but with Isa Law by your side, we will help you every step of the way to turn your American dreams into reality. We will become your most trusted resource, your ally, and partner that will help you reach your ultimate goal of living and working in the United States. Please give us a call at (305) 938-0676 to schedule an appointment with our expert immigration attorney in Miami, FL today.
Working in the United States is an exciting opportunity if you are looking to expand your professional experience in one of the most powerful countries in the world. However, being able to live and work in the United States can be both challenging and complicated. Many different visas exist depending on your qualifications and position, as well as whether you are looking to work for a US-based company or branch out on your own with an entrepreneurial endeavor.
Count on Us to Provide You With The Best Legal Guidance
At Isa Law, we are here to help you understand the various visas that may apply to your unique situation. You can count on us to provide you with the best legal guidance and all the information you need to help you make the best decisions for your future. Together, we will explore the different types of visas that you can obtain depending on your personal goals and professional qualifications.
Employment-Based Nonimmigrant Visas
According to the USCIS, for you to work in the United States, your prospective employer must generally file a nonimmigrant petition on your behalf with the USCIS. Here are some of the most common visas issued to employment-based nonimmigrant workers:
E-1 Visa (Treaty Trader Visa)
This type of visa allows nationals from certain countries to engage in trade with the United States. For this kind of visa, the trader must have a “substantial trade” between his or her country and the United States. There are varying time limits for this kind of visa, but it can also lead to lawful permanent residence if certain requirements are met.
E-2 Visa (Investor Visa)
The E-2 visa is another non-immigrant visa, which allows foreign investors to either operate a business or be an employee of a company they own. To qualify for an E-2 visa, the investor’s home country must have a treaty with the United States that permits this kind of business activity. The applicant must also provide evidence that shows he or she has invested or is in the process of investing a “substantial amount” of money into a U.S. business.
H-1B Visa (Specialty Workers Visa)
The H-1B visa allows foreign professionals who have obtained a bachelor’s degree or higher to work in specialized occupations, including (but not limited to) scientists, engineers, and computer programmers. A U.S. company or organization must file a Labor Condition Application with the DOL before submitting a petition for an H-1B visa with the USCIS.
L-1A Visa (Intracompany Transferee Executive or Manager)
The L-1A visa is an intracompany transfer visa that allows a foreign citizen to work in the United States, so long as their employer has a parent, subsidiary, branch, or affiliate in another country. They must intend to work for that company in a managerial or executive position. This visa is available to employees who have worked overseas for the same company for at least one year within the last three years.
P Visas (Athletes and Entertainers)
The P visa is a non-immigrant visa given to individuals who will perform as an athlete, including coaches and other team officials. It can also be given to individuals who intend on working in the performing arts or athletic events. To count toward this kind of visa, you must have a contract with a sports team or an entertainment company.
Employment-Based Immigrant Visas
Employment-based immigrant visas are EB visas and are issued to a wide variety of professionals. These visas will allow an applicant to work in the United States in a professional capacity. To qualify for an EB visa, you must show evidence of your education and professional experience as well as an offer from a U.S. company or organization.
Multinational Managers & Executives Visa
The EB-1C visa is an employment-based, third preference immigrant visa for managers and executives a firm in the United States employs. To qualify for this type of visa, you must be able to prove that your employer has offices both inside and outside of the U.S. and that you will work in one of these offices as a manager or executive.
Immigrant Investor Program
The EB-5 visa is an immigrant visa that allows foreign investors to live and work in the United States. It’s available to individuals who have invested $1 million in a U.S. business or at least $500,000 in specific areas known as Targeted Employment Areas (TEA). An investment that costs half a million dollars must create ten full-time jobs for the foreign investor to receive an EB-5 visa.
Frequently Asked Questions about EB-5 Visas:
What is Targeted Employment Area (TEA)
A Targeted Employment Area (TEA) is an area that has had a recent high unemployment rate. TEAs usually exist in high poverty areas and/or high population density, although this isn’t always the case.
How long can I stay in the United States on an EB-5 visa?
Individuals with this visa can stay in the United States for two years after receiving their EB-5 visa. After those two years, it is possible to apply for permanent residency.
Can my immediate family come with me on an EB-5 visa?
Yes, under specific guidelines, your spouse and dependent children under the age of 21 can live with you in the United States before or after obtaining an EB-5 visa. It is wise to speak to a trusted immigration attorney like Isa Law to discuss your specific situation.
Extraordinary Ability Visa and Labor Certification
The O-1 visa allows individuals who have excelled in a specific field to live and work in the United States for up to three years. To qualify for an O-1 visa, the individual must demonstrate their extraordinary ability in any sort of field or to a lesser extent. The scholar’s achievements must be genuinely outstanding, and they should be recognized as such by the public or their peers.
According to the USCIS website, some immigrant visa preferences require that you already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the DOL.
It’s essential for you to understand which one is most applicable for your personal situation so that you can begin working on the required documentation and forms. Isa Law is here to help guide you through the complex process of obtaining a visa or status that will allow you to stay and work in the United States legally.
Contact Isa Law for Expert Employment and Business Based Immigration Services
At Isa Law, we are committed to providing you with the personalized legal guidance you need to help you achieve your U.S. immigration goals. With us by your side, you’ll never have to worry about trying to navigate the complicated immigration system alone. We understand the stress that comes along with immigration procedures, which is why we aim to give you the legal services and guidance you need, in a way that is always clear, straightforward, and honest.
We are dedicated to putting our clients first with each case we take on. We will break the wall between you and the U.S. immigration system so you can finally realize your American dream. At the end of the day, your success is our success, that is why we will work hard to make the US immigration process an exciting chapter of your life and not a tedious ordeal.
Don’t get lost in the system, get to exactly where you want to be with Isa Law. Contact us today at (305) 938-0676 for a free consultation.