Business-based and employment-based immigration can be complicated. Although it may be a faster way to secure entry into the U.S. to further your business goals, there is still significant paperwork that has to be done. You may need to apply for a visa or ensure you have the right paperwork to support your passport. Filing and petitioning for employment-based visas or other ways to enter the U.S. on business is much easier with the help of a skilled immigration attorney.
Most business-based immigration needs are handled by the U.S. Citizenship and Immigration Services (USCIS), which can be an intimidating agency to file with. Having an attorney in the U.S. helping you through the process can make it more manageable.
Completing and filing paperwork and gathering crucial supporting documentation is simple to do in theory. Unfortunately, the U.S. immigration laws are not simple, and they are frequently changing. There’s a lot at stake when filing these petitions, and stress can make errors more likely.
Following the laws and guidelines when petitioning for a visa or a passport is essential to your success. If there are mistakes, missing information, or insufficient evidence, you may wait months only to receive a denial. You may have to wait longer and be unable to travel when you intended, if you can travel at all.
Securing a visa or a passport in a timely manner is crucial to your business goals. The most effective way to avoid these delays is to work with a professional who knows the requirements, laws, and information needed in your unique case. An attorney skilled in managing immigration laws and visa paperwork can help you avoid delays from minor errors. With legal assistance, your petition will have the necessary information and be filed in a timely manner.
The team at International Lawyers PLLC can help you with employment-based and family-based immigration visa applications, nonimmigrant visas, and other options for business trips. Whether you are traveling for employment, to further your business, or to invest in the U.S., we can help you simplify the process of filing petitions and applications. We know how important these ventures are for your career, your business, and your family and livelihood.
International Lawyers PLLC can bring the knowledge, resources, and information you need to efficiently and accurately complete a petition for a visa. If there are simpler methods for you to travel and meet your business goals, we can help you determine how to apply for them. You may be unsure of what visas you qualify for and which enable you to temporarily or permanently stay in the U.S. Our team can provide the information you need to make essential decisions and guide you through the process of meeting your business and immigration goals.
Our team stays up to date on immigration laws and changes to requirements so that you don’t have to. We provide support to entrepreneurs, families, employees, and companies around the world.
Employment-based visas and visas for investors are used to allow professionals and entrepreneurs temporary or sometimes permanent entry to the U.S. A visa, once obtained, is kept in an individual’s passport from their home country.
There are two types of visas: immigrant and nonimmigrant. Employment and business visas can be either. An immigrant visa is issued when an individual intends to stay in the U.S. permanently. This allows a potential path to permanent residency via a green card, as well as a path to naturalization. A nonimmigrant visa is a temporary visa issued for individuals who are in the U.S. for a specific purpose for a short period of time. This visa does not have a path to permanent residency unless an individual alters their immigration status.
Each unique visa type has its own filing requirements and required supporting documents. If you are planning to secure a visa or a passport for travel to the U.S., it is crucial that you understand the information and documentation you may need. Your short-term and long-term business and personal goals may affect which visa is right for you. An attorney can give you more personalized advice about the documentation needed for your unique situation.
Be aware that being issued a visa does not mean you are guaranteed entry. Having legal support on U.S. soil can help you navigate any potential challenges with immigration law if they arise.
Visitor visas, or B-1 and B-2 visas, are for visits of 90 days or less for purposes such as:
Before having an interview at a U.S. Embassy or Consulate, you should gather several documents and ensure you have them on hand. These include:
Depending on the location where you apply, additional documents may be required. Documentation may be required to prove the goals behind your trip, your ability to fund the trip or have someone else fund it, and your intentions to leave the U.S. after the visit. There are several ways you may be able to prove these intents and goals. An attorney can help you gather the necessary information to mitigate risks.
For short visits of less than 90 days, you may qualify for passport-only travel to the U.S. and not need to apply for a visa. Your attorney can help you determine if you qualify.
Unlike short-trip visas, employment-based visas require additional authorization or documentation before applying for a nonimmigrant visa. You cannot apply directly at an embassy or consulate. This also applies to student visas.
Nonimmigrant employment and business-based visas include visas for treaty traders, investors, intracompany transfer employees and executives, agricultural employees, non-agricultural seasonal employees, and recognized performers.
Once the USCIS has approved a petition for a visa, you can then apply for the visa. Before a visa interview, you should gather the following documents:
Individuals applying for an L visa under a blanket petition, or an intra-company transfer, must have additional forms.
Employment-based immigration visas offer a path to permanently living in the U.S. Employment-based visas are offered in different levels of priority. These visas cover employees such as:
Most employee-based visas require employer sponsorship, while some do not. If a petition for a visa is accepted, you can then apply for a visa. Rather than having supporting documents in time for a visa interview, the documents must be provided to the National Visa Center (NVC) before the interview is scheduled. Much of this documentation is scanned and uploaded digitally for the NVC, not sent by mail. An attorney can help you determine what options are available for you. Required documentation may include:
Once the NVC determines that all necessary information is present, a visa interview can be scheduled. The documents that were uploaded should be brought to the interview, or certified copies should be brought.
Under the Visa Waiver Program (VWP), the citizens of certain countries can travel to the U.S. without a visa on short business trips. Instead of a visa, these individuals must meet other qualifications, such as having a valid passport and having a valid Electronic System for travel Authorization (ESTA) approval, among other requirements.
There is a set list of countries which are qualified for the VWP, which includes countries such as:
The list includes several dozen countries. Nationals of qualified countries can be disqualified from the VWP if they have visited certain countries or are also nationals of other countries. This includes the Democratic People’s Republic of Korea, Iran, Iraq, and Syria, among other nations. These individuals can still apply for a visa.
Individuals qualifying under the VWP can travel for stays of 90 days or less on business or tourist travel without a visa, although they can also apply for a visitor visa.
To have a valid ESTA, an individual must have ESTA authorization before getting on an air carrier or sea vessel bound for the U.S. ESTA is managed by the U.S. Customs and Border Protection (CBP). Authorization typically lasts for two years but must be renewed for a name, gender, or citizenship change. ESTA authorization must also be renewed if the individual has received a new passport or has changed any of the answers from their first ESTA application.
To travel under the VWP, an individual must also have a valid passport. It must be valid for at least six months after they plan to leave the U.S. This means that if the trip lasts the maximum of 90 days, the passport must be valid for nine months after the start of the trip. There are only some exceptions to the six-month validity requirement for some countries. When families travel together, all individual members must have their own passport. Individuals must also have a valid e-passport that complies with the International Civil Aviation Organization (ICAO).
There may be other requirements, depending on your unique circumstances. An attorney is crucial in reviewing everything to determine if you meet the requirements and helping you file the right documents.
USCIS lists several tips for applying and petitioning for visas. These include carefully reviewing the webpage of the individual form you are filling out, which has information about what needs to be on the form, where you file it, and what the fee is. Some of their tips for online filing include:
The USCIS also has tips for filing by mail, including:
An attorney can help you with these and many other tips for filing a successful petition or application.
We can help you file your documentation correctly the first time. The team at International Lawyers PLLC operates out of San Antonio and helps individuals and businesses all around the world. Primarily, we serve southern America, Central America, South America, and other Hispanic communities. Our firm speaks English and Spanish. We aim to help professionals and exceptional individuals all around the world.
When you’re looking to visit or immigrate to the U.S. for short-term or long-term business needs, we can help you navigate U.S. immigration law. We understand how frustrating and often stressful it can be to parse through, and we want to make it easier. Contact International Lawyers PLLC to see how we can help you petition for a visa.