Business Immigration Based on our experience, we counsel clients as to various options for doing business in the United States. For instance, over 70 countries have bilateral trade and investment treaties with the U.S. which allows nationals from these countries to obtain
"E-1 treaty trader" or
"E-2 treaty investor" visas to do business in the United States. This option is particularly attractive to business people who wish to do business on a long-term basis in the U.S. as this type of visa can be renewed indefinitely.
Another visa option is the
"L-1 intracompany transferee" visa. This visa option is available only if there is a pre-existing business structure. For example, an overseas company can send its employees or managers to work in its U.S. branch office on an L-1 visa. However, immigration regulations require that the employee or manager must have worked for the foreign company for at least one year during the past 3 years. If certain requirements are met, then the employee or manager can also be sponsored for permanent residence in the U.S. under an
EB-1 immigrant petition for a multinational manager.
Another method through which a person can obtain permanent residence in the U.S. is through a procedure known as
permanent foreign labor certification ("PERM" or
"labor certification"). Through this immigration procedure, an employer can sponsor a foreign worker by applying for a labor certification with the U.S. Dept. of Labor. The employer usually has to conduct a recruitment effort for U.S. workers, such as running a newspaper ad and interview U.S. applicants referred by the ad and other sources. The employer then has to show that U.S. applicants were rejected for lawful job-related reasons. After a comprehensive review by the Dept. of Labor and if the Dept. approves the application, then the Dept. will issue a labor certification for the foreign worker to the employer. After the labor certification is issued, the employer can then proceed to file an immigrant petition for the foreign worker. (In 2005, the process was streamlined and implemented through an electronic filing system, known as the new PERM system).
Professional Work Visas One of the most popular methods to obtain a work visa in the United States is through sponsorship by an employer for a
H1-B work visa. The initial H1-B visa petition can be approved for a duration of up to 3 years. Then, the H1-B visa can be extended for 2 years at a time. Generally, the maximum time period which a foreign worker is allowed to stay in the U.S. on a H1-B visa is 5 to 6 years. The U.S.C.I.S. generally approves H1-B visas for persons engaged in occupations which has a minimum entry-level requirements of a Bachelor's degree or higher in a particular specialty.
Immigrant Investor Visas
For individuals who can meet the capital requirements, they can qualify for permanent residence in the United States by applying for an
"investor immigrant" visa, known as the
EB-5 immigrant petition. In 1990, the U.S. passed a law which allowed foreign investors to obtain permanent residence under certain conditions. The minimum capital investment requirements if $1 million in most parts of the U.S. or $500,000 in certain designated areas with low employment rates. The investment must create full-time employment for at least 10 U.S. citizens or residents for a period of 2 years. The investment must create full-time employment for at least 10 U.S. citizens or residents. Initially, the investors will receive a "conditional" permanent resident status for 2 years and then apply for "actual" permanent resident status if they meet the job creation and other requirements.
One advantage of the EB-5 petition is that the visa applicant is not restricted to nationals or citizens of countries with an existing trade or investment treaty with the U.S..
Deportation & Removal Proceedings
We also represent clients in
deportation and removal proceedings before Executive Office of Immigration Review and the Board of Immigration Appeals. We apply for various forms of relief available to clients through the immigration courts. We have successfully brought motions to set aside prior deportation orders entered against our clients, have obtained cancellation of removal proceedings relief and been granted motions to dismiss removal proceedings. We provide prospective clients with comprehensive case evaluations, prior to taking on their case.