L1 visa (Intercompany Transferee visa) category allows multinational companies to transfer certain types of employees from a qualified foreign office to the US to continue employment. This is extremely helpful for companies conducting business in both the United States and in foreign countries.
As it is necessary to transfer employees between offices in the different countries at times. L1 visa attorney, Benjamin Islas, has successfully obtained L1 visas for professionals in several industries such as technology, trading, automotive industry, etc.
The H-1B visa provides the opportunity for foreign professionals to work in the United States. It allows the employer to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. The foreign professional has the opportunity to obtain a U.S. based position based on his/her acquired skills. In order to be eligible for the H-1B Visa, the U.S. employer and potential employee are obligated to adhere the U.S.C.I.S. conditions and regulations. The H-1B visa requirements strive to ensure that the U.S. employer and foreign professional comply with the U.S. employer and foreign professional comply with the Department of Labor standards. A major part of this compliance is filing for a Labor Condition Application (LCA).
Once the U.S.C.I.S approves the H-1B petition filed by the employer, the foreign worker can then get the H-1B Visa stamped at a U.S. embassy abroad or change status if he/she is already present in the U.S. The H-1B visa is granted for an initial 3 years period unless listed as a Chile or Singapore National. There are additional H-1B visa requirements that must be followed by both the petitioner (employer) and the beneficiary (employee).
If the petitioner is obtaining attorney representation or H-1B lawyer, the petitioner must file a G-28 form. The G-28 should have all sections of the form completed. This entails a signature and printed name of the attorney and the signature of the petitioner.
The U.S. employer is required to submit Form ETA-9035 (Labor Conditions Application). The Labor Condition Application is mandated to be filed online through the Department of Labor Certification Application.
The I-129 must have a completed H Classification supplement which is located on pages 11 & 12 of the form.
The petitioner is required to ensure proper completion of the H-1B Data Collection and Filing Fee Supplement. H-1B Data Collection and Filing Fee Supplement is on pages 17-19 on the Form I-129.
The E-1 & E-2 Investor Visas are an appealing option for foreign business persons, investors, managers, and employers who wish to stay in the US for extended periods of time to oversea:
1) an enterprise that is engaged in trade between the United States and a foreign country; or
2) a major investment in the United States.
Who is Qualified?
The E-visa isn't just for anyone who has a trade or investment. This visa class is exclusively for what the U.S.C.I.S. terms treaty traders and investors. This means that all applications must be nationals of a country that holds a treaty of trade and commerce with the United States. There is a list of those treaty nations provided by the U.S. State Department.
The regulations state that you must be a national of one of these countries, but you do not need to be currently living there. If you are unsure whether or not you qualify under this requirement, speak with my office.
If your company needs to bring someone with extraordinary ability into the US for work, you should consider consulting with an O-1 Visa lawyer.
An O-1 visa is designed to allow foreigners at the very top of the arts, sciences, sports, education, business, motion picture or television industries entry into the U.S. for work for an additional period of up to 3 years.
O-1 Visa extensions can be obtained if the person of extraordinary ability is needed in the US beyond 3 years. An important reason to consider an O-1 Visa when possible is that essential assistants of the person with extraordinary ability can qualify for an O-2 visa, which allows them entry into the United States for work as well. For example, a scientist might be able to obtain an O-2 visa for an essential lab assistant or an actor may need an O-2 for a publicist.
The Employment Based Fifth Preference Category, or EB-5, was created to attract foreign capital to the United States in order to create more job opportunities and benefit the U.S. economy.
10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by U.S.C.I.S. based on proposals for promoting economic growth.
There are 2 distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family--the Basic Program and Regional Center Pilot Program.
Both programs require the immigrant to make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not in a new commercial enterprise located in the United States. TEA is defined by law as a rural areas or an area that has experienced high unemployment in the United States of at least 150% if the national average.
The new commercial enterprise must create or preserve 10 full time jobs for qualifying US workers within 2 years (or under certain circumstances, within a reasonable time.
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