For many, living and working here in the United States is their main goal in life. If you’re looking to work in the U.S., you should strongly consider speaking with a competent business immigration lawyer from the Law Offices of Aditya Surti, LLC who can help inform you of your options and guide you through the process ahead.
Business Immigration Lawyer | Here to Represent You in Your Pursuit of Success
When faced with a critical business or work opportunity, why hire anyone other than a seasoned New Jersey immigration lawyer to take your case? Fortunately, if you’re reading this, you’re in the right place. We’re here to help.
The H-1B Visa
Perhaps the most common work-related visa, the H-1B visa gives employers the right to hire professionals for certain specialty occupations that require specialized knowledge, such as professions involving medicine/health, education, math, science, architecture, engineering, and others. The annual cap on H-1B visas is set to 65,000, and H-1B visas typically last for up to three years, though they can be extended for up to six years.
Spouses and unmarried children below the age of 21 years may apply for H-4 visa and stay with the H-1B visa holder in the United States. H-4 visa holders may not seek employment but can study without changing their status. H-4 visa holders may apply for a change of status to an H-1B visa if they have an employer to sponsor their visa.
Notable Business Visas
Additional common business visas that our firm has handled are as follows:
- B-1 Visa: Aliens entering on a B-1 visa can engage in business activities such as commercial and professional nature including consulting with their business partners, traveling for business purposes, settling an estate, completing short-term training, and moving through the United States to another destination. The period of stay granted to a B-1 visa holder is brief–typically no more than six months.
- E-2 Trade Visa: An E-2 trade visa gives non-immigrants who’ve entered into trade treaties with the U.S. the right to work in the U.S. for certain types of businesses. To do so, however, you must prove that you’ve made a significant cash investment in the United States, and you must be a bona fide, active, or for-profit business owner.
- L-1 Visa: The L-1 visa is a temporary non-immigrant visa that allows companies to relocate foreign qualified employees to the U.S. A U.S. employer can transfer an executive or manager from one of its affiliated foreign offices to one in the U.S. by sponsoring an L-1A visa. If there is no affiliate in the U.S., then the foreign company can send its executives under this visa category to open one in the U.S. The employer must show that it has sufficient physical premises for a new office and the U.S. office should be able to support the executive or manager for one year within the approval of the petition. Only one year visa is granted under this category and then extensions may be applied for.
- O Visa: If you have “extraordinary ability” in either the sciences, arts, business, education, or athletics, you may obtain an O visa, which will give you the right to live and work here in the United States for the duration of a given event in the field and for up to three years (though there are unlimited extensions available in one-year increments).
- P Visa: P Visas are available to those aliens who are internationally recognized athletes; members of internationally recognized entertainment groups; artists or entertainers coming to perform under a reciprocal exchange program; or artists and entertainers coming solely to perform, teach or coach under a culturally unique program.
- Q Visa: The Q-1 visa allows people to come to the U.S. as a part of a designated international cultural exchange program which provides practical training, employment, and sharing of the participants’ native culture, history, and traditions with the people of the U.S. There is no cap on the number of visas issued under this category each year. Typically, these visas can last for up to 15 months, with an extra 30 days to depart the United States.
- R Visa: These visas are for members of legitimate religious organizations (who’ve been members for at least two years) and who wish to gain employment here in the U.S. as religious workers for non-profit organizations. Typically, these visas are valid for up to 30 months.
- TN Visa: As per the 1994 North American Free Trade Agreement (NAFTA) employing qualified Canadian and Mexican nationals on a temporary basis is made easy by creating a separate category of visas for them. There is no annual limit on TN – 1 visa however employment must be restricted to professions listed in Appendix 1603.0.1 to NAFTA and must satisfy all required qualifications. Examples of qualified professionals are accountants, engineers, lawyers, pharmacists, and teachers. Visa applicants must have the required qualification of the profession and prearrangement with a U.S. employer to provide with a job. Self-employment is not permitted. Criteria for Canadian Citizens and Mexican Citizens are different, which is why it’s always best to speak with a competent business immigration lawyer before proceeding.
There are five primary types of EB visas that may lend a path to green card ownership. They are as follows:
- EB-1: To get a green card through an EB-1 visa, you must prove you’re an immigrant with extraordinary ability in the field of science, art, education, business, or athletics, and who has a proven track record of success. You must also prove that your presence in the United States would substantially benefit the country.
- EB-2: To get an EB-2 visa, you must prove you’re either a holder of an advanced university degree in a given field or a bachelor’s degree with at least five years of work in a given position. You must also have exceptional ability in the arts, sciences, or business.
- EB-3: If you are a professional with a bachelor’s degree, a skilled worker, or an “other worker in short supply,” you may qualify for a green card via an EB-3 visa.
- EB-4: This is a fourth-preference visa for religious workers who may obtain a green card through it.
- EB-5: The United States only gives out 10,000 investment-based EB-5 green cards every year. To qualify, you’ll have to invest between $500,000 and $1 million in a U.S. business and take an active role in that business, among other criteria.
Form I-140 petition, Immigrant Petition for Alien Worker, is filed by a U.S. employer with the USCIS to petition for an alien worker to become a permanent resident in the United States. I-140 Petition must be filed within 180 days from the date of approved Labor Certification if required. I-140 may be filed on behalf of beneficiaries classified as follows:
- An alien of extraordinary ability (EB-1(A) Category)
- An outstanding professor or researcher (EB-1(B) Category)
- A multinational executive or manager (EB-1(C) Category)
- A member of the professions holding an advanced degree or an alien of exceptional ability (EB-2)
- A skilled worker (EB-3(A)(i))
- A professional (EB-3(A)(ii))
- Other workers (EB-3(A)(iii))
As part of the I-140 Petition, the employer must demonstrate that it has the ability to pay the wages as specified in the Labor Certification from the time the Priority Date was established and continues to have this financial ability. Form I-140 can be filed along with premium processing so that the case is adjudicated faster and there is less processing time.
Approval of an I-140 does not confer any status on the alien worker beneficiary and they have to maintain the same visa status as they were before the approval of the I-140 petition.
Contact a Business Immigration Lawyer Today
If you need a skilled business immigration lawyer who can help your company or investments reach their maximum potential here in the United States, look no further than the Law Offices of Aditya Surti, LLC. Contact us today so we can begin working on your case.