Business-Based Immigration

U.S. immigration law seeks to encourage foreign investment and opportunities for international employees and businesses. There are many options for employers, businesses, and entrepreneurs to expand their professional and corporate intentions, but these options are still complicated to navigate for businesses and employees alike. Errors in the process or a failure to provide evidence of qualifications can result in denials and delays, which could significantly affect your opportunities.

Immigration law can be incredibly complex, even if you have been managing your company internationally for many years. When beginning to apply for visas and navigate other immigration-related matters, you need to work with a skilled attorney to simplify the process. An attorney is essential to help you determine your options as a company or an employee, and they can mitigate errors during the application process.

You may be looking for temporary visas or a path to permanent residency. Working with a U.S.-based attorney can help you learn about the options you qualify for, as well as those that serve your short and long-term goals for your personal life and your business.

Understanding Immigration as an Employer, Entrepreneur, Investor, or Employee

Business-based immigration enables companies and employees to enter the U.S. in a professional capacity, including employment, investment, business transactions, and many other business operations. There are immigrant and nonimmigrant visas that allow for the transfer of certain employees and executives to the U.S., enable investors to travel or remain in the U.S., and facilitate other options.

Depending on your status in the company, your business goals, and whether you wish to have a path to citizenship, your options for a visa may differ. There are also unique options for visas depending on your nationality and the relationship between the U.S. and that country. An attorney can help you review your options for living and working in the U.S. for a set period of time or permanently.

Like any application for a visa, filing the correct and complete information on-time is crucial to mitigate delays and give your application a better chance of success. Navigating the immigration system is often crucial for the growth and opportunities of your business, but it is not without risk. Working with an attorney can improve your chances of success, as they can inform you of and potentially mitigate these risks.

International Lawyers PLLC: Your Business-Based Immigration Attorneys

When you own or manage a business, you understand the planning and care required to operate the company. However, equal time and care is also necessary for business-based immigration. Part of this planning includes finding an attorney who knows the importance of this move for your livelihood and your future and who has extensive education and experience in business-based immigration. Whether you are an executive or an employee, International Lawyers PLLC can help you navigate your business-based immigration goals.

At International Lawyers PLLC, we understand how frustrating U.S. immigration law can be and how difficult it can be to remain up-to-date on changes. It is hard to find the time to understand and navigate business immigration requirements. This is why you can benefit from an experienced attorney. Our firm saves you time by providing you with the resources and information you need, enabling you to efficiently resolve your immigration problems. Our help also enables you to focus on other important aspects of your life and business.

We work tirelessly to serve the needs of talented business professionals, managers, executives, and employees. We want to help you manage your professional and personal needs when temporarily or permanently moving to the U.S. Our firm can be your representation on U.S. soil, helping you attain the visas you need to bring your skill and business to the U.S. International Lawyers PLLC can bring you skilled and exceptional legal representation.

Visa Options for Businesses, Employees, and Investors in the U.S.

Visas are categorized as either immigrant or nonimmigrant. U.S. Citizenship and Immigration Services (USCIS) manages all temporary and permanent visas for employees, families, students, and businesses. Nonimmigrant visas, also called temporary visas, are for individuals who are only planning to work or conduct business for a short period of time. Immigrant visas are permanent and allow the individual with the visa an eventual path to permanent residency and citizenship.

A majority of employment visas require sponsorship by an employer. Some individuals can petition without a sponsorship, such as employees with an advanced degree, professional skills, or an extraordinary ability, as well as investors. An application needs to have significant evidence of one’s work history and intentions within the U.S.

Business and Employee Visas

Most of the common options for business and employment-based immigrant and nonimmigrant visas require employer sponsorship, while others allow individuals entry on their own merit. Visas for immigrant and nonimmigrant employees and companies include:

• EB-1 Visa: This stands for employment-based, first preference immigrant visa. In order to be eligible, an employee must demonstrate an extraordinary ability in sciences, art, or other fields. Another option for eligibility is if an employee is an outstanding professor or researcher with at least three years of experience and other requirements. The final eligibility option for this visa includes certain multinational business executives and managers.
• EB-2 Visa: This immigrant visa is for employees with advanced degrees or exceptional abilities. An advanced degree must be a U.S. bachelor’s degree plus five years of additional field work or a foreign equivalent. An exceptional ability can be in the arts, sciences, or business, and it must meet significant qualifications.
• EB-3 Visa: This visa is an immigrant visa for skilled workers, professionals, and other workers. A skilled worker must have a minimum of two years of training or experience required for employment, and their job cannot be temporary or seasonal. A professional is someone with a U.S. bachelor’s degree in their field of employment or an equivalent degree.
• B-1 Visa: A B-1 nonimmigrant visa exists for temporary business visitors and travelers. They can carry out commercial or professional business activities, such as business consultations, professional conferences or conventions, contract negotiations, short-term training, and other business actions.
• TN Visa: This nonimmigrant visa operates under the North American Free Trade Agreement (NAFTA) and allows special visa options for citizens of Canada and Mexico. It provides employees with a temporary visa for business and professional reasons.
• L-1A Visa: This nonimmigrant visa enables the intracompany transfer of an executive or manager from an established foreign office to a location in the U.S. It could also allow the transfer to establish a location in the U.S. This visa allows up to one to three years in the U.S. initially, depending on whether the employee is establishing an office or joining one. Extensions may be added in two-year increments but not for longer than seven years.
• L-1B Visa: Like the L-1A visa, the L-1B visa is a nonimmigrant visa that enables the transfer of employees within a company, but it specifically enables the transfer of employees with specialized knowledge. This transfer can be to an existing location or with the intent of establishing an office. The time limits for the L-1B visa are the same as the L-1A, except the L-1B has a total limit of five years after extensions.
• H-1B Visa: This nonimmigrant visa is for specialty workers, Department of Defense research and development, and fashion model services. Specialty workers need to hold significant educational qualifications in a highly specialized field.
• H-2A Visa: This visa allows temporary agricultural workers to work in the U.S.
• H-2B Visa: This is a nonimmigrant visa for non-agricultural workers. Like H-2A visas, these visas are for temporary work. Temporary work includes one-time occurrence work, seasonal employment, intermittent work, or peak load needs.
• O-1 Visa: This nonimmigrant visa is for individuals who demonstrate extraordinary ability or achievement. This may be in the arts, sciences, business, athletics, or education. It also includes national or international recognition in movies or TV. Other O visas exist for those who accompany the individual to an event or the individual’s immediate family.
• P Visa: These visas are nonimmigrant employment-based visas for recognized athletes, entertainers, entertainment groups, performers, and artists or entertainers performing or teaching. This visa may also be extended to those necessary for performances or other professional needs, such as a coach or the essential supporting personnel of an entertainer.

There are numerous options for businesses and their employees to review, and they can be overwhelming. Having a legal professional by your side can help you make informed decisions in less time and apply correctly. A lawyer’s guidance can help both you and your company succeed.

Business and Investor Visas

Investors, traders, and businesses trying to establish themselves in the U.S. have options for immigrant and nonimmigrant visas. These include:

• E-1 Visa:This is the treaty trader visa, meaning that the individual is a national of a specific country that has a treaty with the U.S. for commerce or navigation, has another agreement, or is otherwise a qualified country. This individual can enter on a visa to engage in international trade.
• E-2 Visa:This visa is for treaty investors or nationals of a treaty country who are investing a substantial amount into a U.S. business. A treaty country has a specific agreement, treaty, or legislative allowance with the U.S.
• EB-5 Visa: This is an immigrant visa providing immigrant investors with a path to lawful permanent residence. In order to qualify for this program, the individual must make investments into a commercial business in the U.S. and plan to create or preserve ten full-time permanent jobs for U.S. employees. This path to citizenship requires a significant financial investment.

Investor and trader visas have unique legal requirements. A business-based immigration attorney can help you determine what visa you may qualify for and how to obtain it.

What Are the Benefits of Working With a Business Immigration Attorney?

Understanding U.S. immigration law is not easy, especially if you are not fluent in English and do not work in immigration law. When you work with an immigration attorney, you can be more confident in the process and rely on a trusted professional for advice. There are several essential benefits to working with an attorney:

• An immigration attorney has vast experience in immigration law and a significant understanding of how these laws may affect your case. They are also aware of any new updates to these laws that may be relevant.
• Applying for a visa requires significant paperwork and evidence. Your attorney can not only help you gather that information, but they can also review applications to prevent mistakes that would delay the approval process.
• A lawyer can help you file on time and be aware of any important deadlines for submitting your information.
• Your attorney can lay out the options for visas and ensure they meet your needs for a temporary or permanent stay in the U.S.
• If your application is denied, your attorney can advise you on the next steps to take.
• By creating a professional relationship with an immigration attorney in the U.S., you will have assistance with other legal complications once you arrive or while continuing your immigration journey to permanent residency.

International Lawyers PLLC wants to help you protect your professional interests.

Contact Our Business-Based Immigration Attorneys Today

Strong legal support is essential to support your business-based immigration needs. At International Lawyers PLLC, we help employers, businesses, and workers throughout southern America, Central America, South America, and into Europe. We are based in San Antonio, with strong ties to Hispanic and South American communities. Our lawyers are proud to help clients at home and internationally, and we assist professionals with their business immigration needs all over the world.

We work closely with you to understand the unique needs of your business, your employer, or your investment capabilities. We tailor our services to these goals, and we take the time to answer your questions and help you understand the immigration process. Contact the team at International Lawyers PLLC to learn more about our services.