For business clients we help immigrants become Legal Permanent Residents through business and employment. We also help immigrants obtain non-immigrant temporary work visas on the H-1B program.
The first step is for the employer to file a petition for an immigrant to obtain a green card. There are several categories in the employment-based preference cases:
- Immigrants who are extraordinary – only they can perform the specific role.
- Immigrants who have a master’s or bachelor’s degree.
- Immigrant who are getting a job where they need at least two years’ experience and other workers seeking unskilled jobs and have an employer sponsoring them.
- Certain religious workers.
**See below for further information Labor Certifications.
This is a temporary visa for a foreign national starting or running a business in the United States. The US must have a treaty with the country of the immigrant’s origin. The individual or entity must be of the nationality of the treaty country. The applicant must have invested or is actively investing in a real enterprise that they will be directing and/or developing. The applicant must be an executive or director of the enterprise. The amount of money for investment needs to be substantial. The employer should have a business plan explaining how they will get clients, what service or product they are selling, and whether the employer will hire any U.S. citizens or residents.
J-1 Exchange Visitors
This is an exchange visitor visa. It allows the applicant to work in the U.S. for a limited period of time in a limited occupation.
Acceptance into an exchange visitor program through a designated sponsoring organization in the United States is a requirement of application.
Employers wanting to employ a foreign national to work permanently for the business can file for a Labor Certification under the PERM regulations. It is necessary to prove that there are not any US workers who want the job. The employer must advertise for the position and evaluate any qualified applicants. The employee must have the necessary experience and job skills for the position and the employer is in need of an employee with these job skills. The employer must be capable of paying the prevailing wage as determined by the Department of Labor.
The employment is categorized according to difficulty, education, and experience needed. The original filing date of the case becomes the Priority Date (PD).
The R1 visa is a non-immigrant visa that allows religious workers (ministers and persons working in the religious vocation or occupation) to work in the U.S. for a period up to 5 years. Ministers, Priests, Rabbis, Imans etc., must be of a recognized denomination and authorized by their religious organization to conduct religious duties. The term does not apply to lay preachers.
There is also a procedure to immigrate through a religious denomination and become a Lawful Permanent Resident (LPR) or Green card holder.
Non-Immigrant Employer Sponsored
We assist employers with H-1B temporary work visas, L visas for intra-company transfers from other countries. E-visas if the immigrant’s home country has a treaty with the United States, a treaty trader investor visa may also be possible.
O visas may be available for people with documented “extraordinary ability in the sciences, arts, education, business or athletics” or “any field of endeavor” who want to self-petition.
Sometimes holders of non-immigrant visas can become eligible to become legal permanent residents.
L Intra-company Transfer
L-1 is an intra-company transfer. This is where the owner of a business in another country opens a branch of the same company in the U.S. The company in the U.S. must have at least 50% of the same ownership, have a common name, regularly share and exchange personnel, cross directorship, share technical financial and research skills. In some cases, persons who transfer to the U.S. in managerial positions can change the status to legal permanent residency, or Green card holder.
H-1B Temporary Work Visas
To work in a specialty occupation requiring a higher education degree or its equivalent. This includes fashion models of distinguished merit and ability.
Form I-129, titled Petition for a Non-immigrant Worker, submitted by a U.S. employer who wishes to sponsor a foreign national for temporary employment in the United States. The form is issued by U.S. Citizenship and Immigration Services (USCIS).
The I-129 petition can be used for more than one purpose, including the following:
- To sponsor a foreign national who is not residing in the United States, but who can apply for the corresponding non-immigrant visa at the consulate after approval of the I-129.
- To change the status of a qualified foreign national who is already in the United States in another non-immigrant status.
- To extend the status of a foreign national who is already employed in an appropriate non-immigrant status.
- To amend a foreign national’s approved employment when there is a material change to the job duties, title, or salary.
Adjustment of Status
Adjustment of status is the process to apply for lawful permanent resident status (also known as applying for a Green Card) without leaving the United States.
If you are outside of the United States, you must obtain your visa abroad through consular processing.
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
|Certain Religious Workers||C||C||01JUL16||C||01JUL16||C||C|
|5th Non-Regional Center
(C5 and T5)
|5th Regional Center
(I5 and R5)
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
The chart below reflects dates for filing visa petitions. Applicants for immigrant visas who have a priority date earlier than the petition date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The Petition Date (PD) for an oversubscribed category is the Priority Date (PD) of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
|Certain Religious Workers||C||C||01SEP16||C||C||C|
|5th Non-Regional Center
(C5 and T5)
|5th Regional Center
(I5 and R5)