Business Immigration Overview
1. Students (F/J):
All foreign students must have proper status to enroll in an educational
institution. In certain situations,
students can accept work outside of the campus, with proper prior approval. Students may also work in certain positions
for a limited period after graduation, until a more long-term employment
authorized is granted. Always confirm
proper authorization before the employee begins work. This status does not directly lead to a Green
Card.
2. Investors (EB-5):
Depending on the foreign national’s ability to invest $500,000 or $1,000,000,
this visa provides a direct path to a Green Card. Other EB categories are also
available.
3.
Business Start-up (E-2): Certain
foreign nationals can travel to and start a business in the United States in
which they will be an active participant.
There is no minimum cash value that must be invested to start a
business. Instead, the U.S. government
will analyze the business based on a series of factors that we can discuss on a
case-by-case basis. This is not a direct
path to a Green Card, though the foreign national may be eligible to submit an
application for an annual Green Card lottery.
4.
International Office transfer (L):
For certain businesses with offices abroad and in the U.S., qualifying
employees can seek to move to the U.S. office for a limited period of
time. There are also ways for a foreign
business to initially expand into the U.S. and temporarily staff the office
with foreign national employees. The
U.S. government will provide the “new office L” a specific period of time in
which to establish a profitable business or else the employees will be asked to
leave the U.S. Not a direct path to
Green Card, but many will switch to H-1B status near the end of eligible L
status.
5.
Technical Skills (H-1B): This is the
most common type of visa that employers use, but it is limited to the annual
numerical cap. This requires sufficient
planning to submit all applications within the first quarter of each year, for
prospective new-hire dates of the fourth quarter of the same year. Typically, this visa requires some type of
college education. Not a direct path to a Green Card, but can provide
employment authorization for at least 7 years.
Eligible to transition to a Green Card process (i.e. PERM).
6.
Certain Canadian and Mexican Nationals (TN):
Due to NAFTA, certain Canadians and Mexicans with specific skills can work in
the U.S. almost indefinitely. However,
this option does not provide a direct path to a Green Card.
7.
Seasonal Workers (H-2A): There are many
employers who do not require full-time, year-round employees. For certain employers, it may be an option to
consider seasonal workers. There is
heightened scrutiny in this category due to historic fraud and abuse that
employers have engaged in. Not a direct Green Card path.
8.
I-9 Compliance, Employment protocol and Business Transactions:
Almost always, the business files the immigration petition on behalf of a
potential employee. This relationship
creates liability for the employer to preserve certain immigration-related employee
files, maintain I-9 accuracy, ensure that potential business
mergers/dissolutions/formations comply with U.S. immigration law to preserve
the immigrant/non-immigrant status various foreign national employees.
There
are many other visa categories that provide immigration options to athletes,
professors/researchers, internationally renowned professionals, actors, music
groups, religious missionaries, etc.
Please contact us to discuss your unique situation. We are here to help.
