business immigration

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INVESTMENT BASED GREED CARD (EB-5)

The EB5 category is reserved for foreign nationals who invest one million dollars in a new commercial enterprise that employs ten or more U.S. citizens or authorized immigrant workers. (Investment of $500,000 is required if it is a USCIS approved Regional Center, or  if the business is in a  rural area or in an area of high unemployment.) 


Upon approval of the EB-5 Visa, EB5 investors obtain lawful permanent resident (LPR) status on a conditional basis valid for two years. After the expiration of the initial two-year period, EB5 investors have to file a separate application with the USCIS to remove conditions on their LPR status, and receive a permanent Green Card. Five years from the date the initial green card is issued the investor and his immediate family may apply for citizenship. 


Our attorneys provide assistance with review and advice regarding eligibility under EB5 category. once you are found eligible we will work with you to ensure your file is approved by USCIS and to make sure your rights and investment are protected. We can also help you with tax planning and project analysis.  


L-1 VISA INTRA COMPANY TRANSFEREE

The L-1 visa was created by USCIS for intra company transferees. These transfers are typically foreign  executives, managers, or employees of a foreign based company who are engaged in specialized employment. 


The requirement is that the alien must have worked for three years before submission of the petition overseas in an executive, managerial or specialized capacity. This visa is good for an expanding enterprise looking to open a new office in the U.S. or an existing business.  


The purpose of the L-1 visa is to allow the alien to work in the U.S. in a similar capacity for the same entity that he has worked for abroad for a subsidiary or an affiliate of that entity. Transferee executives or managers may obtain immigration as "multi national executives" once the U.S. entity has been engaged in regular and systematic business for a one year period. If a foreign entity purchases a U.S. company that is, in fact, engaged in systematic and regular business for one year, an immigration petition may be immediately filed.

PERMANENT LABOR CERTIFICATION

If your business is ready to hire a foreign worker and sponsor the worker for Lawful Permanent Residence, we are here to help you. To proceed with the hiring a PERM labor certification has to be filed with the Department of Labor. 


There are many steps an employer must take prior to submitting  an application  for labor certification ETA Form 9089 with the Department of Labor (DOL), as well as forms I-140 and I-485 with U.S. Citizenship and Immigration Services (USCIS). The process can seem overwhelming, but our experienced are availible to helo at every step of the the process.  

INTERNATIONAL INVESTOR VISA (E2/E1)

The E-1 and E-2 Investor Visas are appealing options for foreign business persons, investors, managers, and employees who wish to stay in the United States for extended periods of time to oversee: 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.


The E visa is exclusively for “treaty traders and investors”. This means that all applicants must be nationals of a country that holds a treaty with the United States.


Foreign trader/investor applicants must meet specific requirements to qualify for a treaty trader (E-1) visa under immigration law. The applicant must be a national of a treaty country. The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.

The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade.

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.


Trade means the international exchange of goods, services, and technology. The title of the trade items must pass from one party to the other.


The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. 


Treaty Investor (E-2) Visa

Treaty investor applicants must meet specific requirements to qualify for a treaty investor (E-2) visa under immigration law. The investor, must be a national of a treaty country.

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. The investment must be a real operating enterprise. Speculative or idle investment does not qualify.  The investor must have control of the funds, and the investment must be at risk in the commercial sense. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. 

ALIEN OF EXTRAORDINARY ABILITY (EB-1)

EB1 visas and Green Cards are issued to foreigners with extraordinary abilities. Typically, they are given to artists, scientists, researchers, managers or executives. To qualify for the visa, the individual does not need  U.S. sponsorship, but rather must meet three out of the 10 criteria provided by USCIS, namely the alien must demonstrate: Receipt of national or international awards for excellence,

Memberships or associations in the qualified field that require outstanding achievement for members to join, Published materials about the applicant in professional or trade publications or other major media outlet, Service as a judge of others in your field Significant contribution to their field or profession, Articles written in professional or trade publications or other major media outlets, The applicant's work has been displayed in exhibitions, Performance as a leading or crucial role in distinguished organizations, Earns a high salary compared to others in the same field, and/or Commercial success in the field of the performing arts. We can help you determine if you qualify and help you achieve a favorable result.

ARTISTS AND ATHLETES

The O visa classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.


Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.


For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.


Athlete, Artists or Entertainers – P Visa

The P-1 visa classification provides for admission into the United States of certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.


The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.


The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.