Practice Area - Business and Employment

Treaty Investor traders if they belong to the list of countries that qualify may obtain a visa if they can establish they will be involved in import of trade and or services with their home country. It is important to consult the list of treaty countries found at the following link: http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3726.shtml

Treaty Investors may seek a non-immigrant visa which may be renewed indefinitely at two year intervals. The treaty investor must show a substantial investment in his business, business plan, incorporation, list of clients and other essential elements in support of this petition. E-2 treaty investors often are able to file this petition where they cannot meet the filing requirements for an H-1B visa petition. Please consult the list of treaty countries to see if you qualify: http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3726.shtml

The H-1B work visa provides opportunities for persons with a bachelor’s degree or experience in a specialty occupation to be petitioned by a U.S. employer. The H-1B filing period begins on April 1st of each year for individuals who may begin work on October 1st of that same year. The filing period can close within days or weeks depending on economic conditions and the number of companies filing petitions. H-1B visa holders should consult an attorney as they consider change of employer, filing of extensions, and limits on the number of years they can maintain H-1B status.

The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. This visa is also used for entertainers going on a tour, for film workers or professional minor league players

Many persons enter the U.S. on J-1 visas for a temporary purpose. There are multiple issues that arise for J-1 visa holders who wish to change status to another visa category. J-1 visa holders may or may not be required to obtain a waiver for this change of status depending on the terms and conditions of their original visa.

 Executives and managers (L1A) or persons with specialized knowledge (L1B) with one year’s experience working for a parent company overseas may be petitioned by the U.S. subsidiary for work in the United States. Special attention should be paid to these L-1A visa recipients who are qualified to apply for legal permanent resident status as USCIS. These applicants will require significant evidence in support of this visa which is often more demanding than the original L-1 Visa filing requirements.

Athletes and performers may seek entrance to the U.S. through O or P visas depending on their level of competition, awards and public recognition of their achievements and other factors.

Nurses and Physical therapists can qualify for exceptions from the Labor Certification process. The filing requirements are complex and require consultation with a qualified attorney to determine if you are eligible and the length of time required for your visa category to become current.

A non immigrant visa available to Ministers, professional persons working in a religious vocation or occupation or members of a religious denomination working for their church. This visa is granted for up to three years with one two year extension available for a total of 5 years stay in the United States.

Labor Certification takes place through applications filed with the Department of Labor to determine whether qualified U.S. Citizen workers are available to work in your job category and whether the terms of employment would adversely affect wages for U.S. workers. Consultation is required to determine the applicable job category and wage requirements can be met by the petitioning employer. Nature of the position and applicable job experience will govern placement in the EB-2 or EB-3 categories which in turn will govern whether a visa number will be available for filing for legal permanent residency.

TN visas are available to citizens of Canada and Mexico under the North American Free Trade Act or NAFTA. Individuals must have the equivalent of a four year undergraduate degree and be employed as a professional. Applicants may enter the U.S. on a temporary basis for work while providing proof of their intent to return to their home country.