Experienced Business Immigration Legal Services
PERM
PERM is a legal process to obtain an employee from a different country to permanently live and work in the United States. The PERM process has different categories with EB-2 and EB-3 categories being the most common categories which require a labor certification. The PERM process is an employer-driven process whereby the US Employer must prove to the Department of Labor that there are no US workers ready, willing, and able to accept the position.
Labor Certification is a very unforgiving process. One small error is the difference between approval and denial. The process currently takes several years due to backlogs at the Department of Labor as well as the Department of State. This process requires highly experienced attorneys. Call today to see how we can help you or your business thrive!
E-2 Investors
Nationals of certain countries may obtain a temporary visa to live and work in the United States for two year increments with an investment in a qualifying US business. The investment amount must be proportionate to ownership percentage and should be in a business which realizes tangible assets. Call today to see if your idea for investment qualifies for an E-2 visa.
H1B Employment Visas
The H1B is a highly sought after visa. H1B visas are temporary visas in which a US employer enters an immigrant into a lottery. The immigrant must have credentials to qualify for employment in a "specialty occupation" defined as those jobs which normally require at least a US Bachelor's degree. If the immigrant is selected in the national lottery, ran approximately each March, then the US employer is allowed to submit an application for an H1B visa on the immigrant's behalf. The H1B employee can work for the US company for a total of six years in the United States. Although some H1B visas can be renewed for more than six years with a labor certification (see "PERM" above). The H1B process is another highly technical visa that requires an experienced immigration attorney's guidance. Call today to see if your business qualifies to sponsor an H1B candidate.
O-1 and EB-1 Visas
- O-1 and EB-1 visas are reserved for those immigrants with "extraordinary ability". The O-1 visa is a temporary visa to allow foreign nationals to live and work in the US for a period of three years. The EB-1 visa is a pathway to permanent residency, also known as a green card, for the applicant and their immediate family. To qualify for an O-1 or EB-1 visa, the qualifications are extremely similar with EB-1 qualifications being more stringent than O-1. Nationals with extraordinary ability must be in the field of sciences, arts, education, business, or athletics and meet at least three of the following:
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Religious Workers R-1 and EB-4
Religious workers such as pastors or priests can qualify for temporary and permanent visas to live and work in the United States.
An R-1 visa is a temporary visa which allows a religious worker to temporarily work at least 20 hours per week as a minister, or in a religious vocation or occupation, and be employed by a qualifying religious organization. For the immigrant to qualify, they must have been a member of a bonafide non-profit religious organization in the United States for at least two years immediately before filing the petition.
A special immigrant religious worker (EB-4) is a religious worker who is coming to the United States to work an average of at least 35 hours per week in a paid position as a minister or in a religious vocation or occupation and be employed by a qualifying religious organization. Again, the immigrant is required to be a member of the religious organization for at least two years immediately prior to filing the application. Furthermore, the immigrant must have been working in a religious occupation after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of the application.
An R-1 visa is a temporary visa which allows a religious worker to temporarily work at least 20 hours per week as a minister, or in a religious vocation or occupation, and be employed by a qualifying religious organization. For the immigrant to qualify, they must have been a member of a bonafide non-profit religious organization in the United States for at least two years immediately before filing the petition.
A special immigrant religious worker (EB-4) is a religious worker who is coming to the United States to work an average of at least 35 hours per week in a paid position as a minister or in a religious vocation or occupation and be employed by a qualifying religious organization. Again, the immigrant is required to be a member of the religious organization for at least two years immediately prior to filing the application. Furthermore, the immigrant must have been working in a religious occupation after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of the application.
TN Visa
The TN visa is for certain professionals from Canada or Mexico who wish to work in the United States. The United States is in need of workers in certain areas of employment. In order to help us fill that need, TN visas are available for issuance only for these designated professions and only for citizens of Canada and Mexico. This is an employer-driven process and requires an offer of employment from a US company. Call today to see if the TN visa is the right option for you!