Business immigration law is helping companies to lawfully employ foreign national professionals through sponsoring them on work visas. It also involves helping companies to sponsor foreign national employees for permanent resident status (“green cards”).
This is generally about sponsoring the foreign national on a work visa such as an H-1B or if they are being transferred from the company’s office abroad, an L-1 Intracompany Transferee visa. There are also a handful of special work visas that have benefits over the H-1B for countries that have special treaties with the United States such as the E-3 for Australians, TN for Mexicans and Canadians, and the H-1B1 for Singaporeans and Chileans. In addition, around 80 countries have access to the special E-1 and E-2 Treaty Trader/Investor visas.
The best first step is to allow our immigration law firm to complete an assessment of visa options. Our firm will generally need the following minimum documents in order to conduct this assessment: a detailed and updated resume for the candidate, proposed US job description, and, if they are already employed abroad, current job description.
H-1B Specialty Occupation, L-1 Intracompany Transferee, TN for Canadians and Mexicans, E-3 for Australians, H-1B1 for Chileans and Singaporeans, E-1 and E-2 for around 80 nationalities, O-1 for those with “extraordinary ability.”
If they are not a US citizen, permanent resident, or otherwise have work authorization, they will need a work visa. Even if they already hold H-1B status, a petition will still need to be filed to transfer their H-1B to your company.
Ask your immigration law firm to conduct an assessment.
This refers to a situation where the employee already holds a work visa, but it needs to be transferred to your company so that they can work for you, as work visas are employer-specific.
It varies considerably but is usually around 1-3 months.
The process is similar to the initial application. It is best to start the extension process at least six months prior to expiry. In addition, it is important to keep in mind “max out dates,” the dates when the visa can no longer be extended. For example, H-1Bs “max out” after six years. Usually companies will start the green card process well in advance of this date.
For the standard process that requires PERM Labor Certification, usually around 2-3 years. For nationals of countries subject to visa retrogression, such as India and China, they may need to wait 10 years or more before being able to finalize the process.
Petition-based work visa categories require a petition to be filed with U.S. Citizenship and Immigration Services (USCIS) before the foreign national can apply for the visa stamp abroad at the U.S. Consulate or Embassy in their home country. Petition-based categories include H-1B, L-1 Individual (where the company does not hold a Blanket Approval for L-1s), and O-1. Consular-based categories do not require this step and the foreign national can complete the entire process through their local U.S. Consulate or Embassy. Consular-based categories include L-1 Blanket, TN for Canadians and Mexicans, E-3 for Australians, H-1B1 for Chileans and Singaporeans, E-1, and E-2.
Yes.
Our law firm is well-equipped to assist such companies. Oftentimes, the best visa option here for such international assignments or transfers is the L-1 Intracompany Transferee visa.
Other penalties for non-compliance include:
We will help you to source foreign talent and expertise while maintaining strict compliance with the laws. We will also always make sure your foreign national employees have a positive experience.
