KPPB LAW provides business-focused immigration law services, both to companies seeking to bring workers to the United States and to investors applying directly. The visa application process can be complicated and denials are common. Having an experienced immigration attorney to guide you through the process can help you to hire the talented employees you need, or to secure your own presence as an active or passive investor. Our attorneys are extremely experienced in the business aspects of immigration law, and we have a history of success in immigration law cases and visa applications.
Business-Focused Immigration Law Services
Our firm offers reliable legal services in business immigration law, including help with several visa types.
- L1A, L1B, L2
- E Visas — Treaty Trader or Investor
- EB1-A, EB1-B, EB1-C — Permanent Resident Visas
- EB2/EB3 Labor Certification
- EB5 — Investor Visas (Green Cards)
- B1 — Business Visitor Visas and B2 Visas
The H1B (Specialty Occupation) visa allows specially qualified non-citizens to work in certain U.S. jobs. General requirements for an H1B visa include:
- An employer-employee relationship with a U.S. company
- Qualification of the position as a specialty occupation
- The position must be related to the applicant’s field of study
- The applicant must be paid the applicable prevailing wage
The process for proving that all qualifications are met is complex, and there are many opportunities for errors that could result in rejection. Some most common errors include omitting necessary information from the petition and failure to include sufficient detail in the employer letter. In addition, timing is critical, as the number of H1B visas that may be granted per fiscal year is capped by Congress.
An experienced immigration attorney can assist you in preparing petitions and supporting documents in advance, so that they may be submitted as soon as the new fiscal year’s acceptance period begins. Our attorneys will ensure that your petitions are complete and well-documented and that your letters contain all necessary information.
L1 visas also help businesses employ foreign professionals in the United States when these employees were already working in another branch or location of the company outside the U.S. There are two types of L1 visas: L1A, for managers and executives, and L1B, for specialized knowledge employees.
While some employers may assume that it will be easier to gain approval for an employee who is already working for the company internationally, the rate at which L1 visa applicants have received Requests for Evidence or have been rejected has increased significantly in recent years. Similarly, L1 extensions, which some applicants and employers expect to be nearly automatic, are being denied at an even higher rate than initial applications.
E1 / E2 Visas
While most business-related visas are issued to employees of U.S. companies, The E1 Treaty Trader visa and the E2 Investor visa are designed to provide temporary legal residency to independent traders and investors from countries that are parties to commerce and treaties with the United States.
The E1 visa allows such a foreign national to be admitted to the United States in order to engage in international trade on his own behalf. In some circumstances, employees of such a person may also be eligible. However, the applicant must establish that he or she will be carrying on substantial trade, and that the principal trade will be between the United States and the applicant’s eligible home country. The E2 visa, on the other hand, is intended for nationals of those same treaty countries who have made or are in the process of making a “substantial investment” (a flexible definition standard) in and have control of a bona fide U.S. enterprise.
An experienced immigration lawyer can help you answer questions such as “What constitutes substantial trade?” and “How do I demonstrate control over an enterprise?”
EB1-A, EB1-B, EB1-C — Permanent Resident Visas
EB1 visas are employment-based visas that are commonly referred to as “first-preference visas.” There are three different types of EB1 visas.
- The EB1-A visa allows for entry on the basis of extraordinary ability in the sciences, arts, education, business or athletics.
- The EB1-B visa offers entry to certain outstanding professors and researchers.
- The EB1-C visa allows for entry by multinational managers or executives.
The bar is high for an EB1 visa, and all categories require establishment of certain listed criteria, generally relating to accomplishments and recognition in the applicant’s field.
The role of the employer differs depending upon the type of EB1 visa sought. An applicant may individually petition for EB1-A status or EB1-B status. However, the EB1-B petition must include a documented offer of employment from a U.S. employer. To be admitted on an EB1-C visa, a petitioning employer is required.
EB2 Labor Certifications
Second-preference visas are also known as EB-2 visas. If the employee or potential employee holds an advanced degree or has exceptional ability, then he or she may qualify for an EB2 Visa. The requirements are less stringent than an EB1 visas, but they do require that certain evidence be presented to show ability or instruction. Experience and educational level are generally the most important factors.
EB3 Labor Certifications
EB3 visas have third preference. This category includes professionals, but it also extends to skilled workers as well. A skilled worker is one who has two years of work training or experience. Some unskilled workers (called “other workers”) can also obtain this visa if there is a shortage of qualified workers for this particular position in the United States. Determining when a worker is “skilled” or “unskilled” can be tricky, and the application process can be somewhat daunting.
EB4 visas are extended to “special immigrants” as fourth preference. These individuals are located in specific countries or regions. They may also work in specific fields as well. For example, physicians and broadcasters are considered “special immigrants” that would fall under an EB4 visa. There are limitations and application requirements for this type of visa as well. Again, the employer must complete the application process, so having an experienced immigration attorney help with this is an invaluable resource.
EB5 Investor Visas
The EB5 visa was introduced in 1990 as a means of stimulating job creation in the United States. These fifth preference visas are granted to certain investors. To qualify, the investor must make an investment in a “new commercial enterprise,” and must thereby create at least 10 full-time jobs within two years. However, “new” does not necessarily mean a business that is forming a the time of the investment. In general, the business must have been established after November 29,1990, though businesses established earlier may qualify under certain circumstances. Depending upon the area in which jobs will be created, the minimum investment level is either $500,000 or $1,000,000.
An experienced immigration lawyer can help you determine whether the business in question qualifies, and what the investment and job creation requirements will be in your specific circumstances.
These visas are temporary in nature. If you will be traveling in the U.S. for business purposes, you may need a B-1 visa. Often, this includes activities like negotiating contracts, settling estates, participating in training, consulting with business associates, or attending a conference or convention. There are some very basic requirements that must be met, but you still need to go through an application process for this visa. There are also certain restrictions on who can accompany you and what types of activities that you can do.
Advantages of Our Business-Focused Immigration Law Services
The visa application process is complex, and failure to comply with requirements can have serious consequences for the petitioning employer as well as the employee. When you are petitioning to bring an employee to the United States or extend an existing visa, you cannot afford to make mistakes.
Our firm has extensive experience with these visas, and leverages our knowledge of immigration law to ensure the best result possible for our clients. Clients who entrust their visa needs to our firm will not feel overwhelmed by the often complicated legal requirements of the various applications. We will be there to advise and guide you or your business through the entire process.
Contact KPPB LAW Today
Our firm’s attorneys are ready to support client needs and provide you with peace of mind knowing that your legal needs are in capable hands. Call KPPB LAW or send us a message online to discuss your legal needs or to set up a consultation.