Individuals seeking to enter the U.S. to engage in temporary business activities and/or tourism.
Nonimmigrant visas are temporary visas that allow foreign nationals to enter the United States for a specific purpose and for a certain period of time. There are many different types of nonimmigrant visas available, each with its own eligibility requirements. We’ll identify your options and provide clear guidance on the best path forward to fulfill your immediate work authorization or travel needs.
Individuals of countries with which the United States maintains a treaty of commerce and navigation can come to the U.S. to engage in international trade.
Individuals seeking to invest a substantial amount of capital in a U.S. business.
Citizens of Australia performing services in a specialty occupation that requires the theoretical and practical application of a body of knowledge. Requires at least a bachelor’s degree or equivalent.
Individuals studying full-time at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution. Students with F-1 status and currently studying in their program can engage in practical training or work experience directly related to their major or field of study, as an integral part of their academic curriculum. CPT can be either part-time or full-time, and students need authorization from their school’s designated official before starting any CPT employment.
Individuals studying full-time at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution. Students with F-1 status can apply for up to 12 months of Optional Practical Training (OPT) to be employed in a job related to their field of study.
Individuals with F-1 status who have graduated from an accredited college or university with a degree in a STEM field can apply for an additional 24 months of STEM Optional Practical Training (OPT) to be employed in a job related to their field of study.
Individuals performing services in a specialty occupation that requires the theoretical and practical application of a body of knowledge. Requires at least a bachelor’s degree or equivalent. Except for certain exemptions, individuals must first be selected in the annual H-1B Cap lottery before a petition may be filed on their behalf.
Citizens of Chile or Singapore performing services in a specialty occupation that requires the theoretical and practical application of a body of knowledge. Requires at least a bachelor’s degree or equivalent.
Individuals serving as representatives of foreign information media.
Individuals engaged in educational, cultural, or professional exchange programs in the United States. Participants can use these programs to teach, study, conduct research, demonstrate special skills, or receive on-the-job training.
Individuals serving as executives and managers at a foreign entity of a company and will be transferred to the U.S. to work for a qualifying corporate entity in a role that requires their executive or managerial experience.
Individuals serving in a specialized knowledge capacity at a foreign entity of a company and will be transferred to the U.S. to work for a qualifying corporate entity in a role that requires their specialized knowledge.
O-1 - Individuals with Extraordinary Ability or Achievement the Sciences, Arts, Education, Business, Athletics, or in the Motion Picture or Television Industry
Individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the movies or television industry.
Athletes competing at an internationally recognized level of their sport seeking to compete in the United States.
Citizens of Canada or Mexico working in certain professional occupations. Requirements vary based on occupation to be performed.
International startup founders seeking to enter the United States to start and expand a new business venture.
Employment-Based Green Card Process
The employment-based green card process is a multi-step process for foreign nationals seeking permanent residency in the United States based on their employment. From permanent residence case strategy to green card issuance, we are equipped to support your every need.
The EB-1 category is a priority worker category that allows for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives to obtain lawful permanent residence in the United States.
The EB-1 category is divided into three subcategories:
- EB-1A: Extraordinary Ability Individuals who have extraordinary ability in the sciences, arts, education, business, or athletics. They must show sustained national or international acclaim in their field, and their achievements must be recognized in the form of major awards, prizes, or media coverage.
- EB-1B: Outstanding Professors and Researchers who have outstanding achievements in their academic field. They must have at least three years of experience in teaching or research and must be internationally recognized for their work.
- EB-1C: Multinational Manager or Executive Multinational who have been employed outside of the United States for at least one year in the three years preceding the petition or their transfer to the United States. They must be coming to the United States to work for the same employer, or a subsidiary or affiliate of the employer, in a managerial or executive capacity.
Applicants in the EB-1 category are not required to have a labor certification from the Department of Labor, which can make the process faster compared to other employment-based categories. Additionally, individuals in the EB-1 category can self-petition, which means they can apply for a green card without an employer sponsor.
Overall, the EB-1 category is highly selective and is reserved for individuals with exceptional skills, experience, and achievements in their respective fields. It is important to work with an experienced immigration lawyer to navigate the application process and ensure the best possible outcome.
The EB-2 category is a priority worker category that allows for individuals with advanced degrees and exceptional abilities to obtain lawful permanent residence in the United States.
The EB-2 category is divided into two subcategories:
- EB-2A: Advanced Degree Individuals who have an advanced degree, such as a master’s or doctorate, or its equivalent, and who will be working in a profession that requires an advanced degree, can apply for an EB-2A.
- EB-2B: Exceptional Ability Individuals who have exceptional ability in the sciences, arts, or business can apply for an EB-2B. They must have a degree of expertise significantly above that ordinarily encountered in their field and must have sustained national or international acclaim in their field.
Unlike the EB-1 category, applicants in the EB-2 category require a labor certification from the Department of Labor. Additionally, the number of visas available in the EB-2 category is limited, and there is often a backlog of applicants. As a result, applicants may face longer wait times before obtaining a green card.
The National Interest Waiver (NIW) is an additional subcategory of the EB-2 employment-based green card category that allows for petitioning for a green card without a labor certification from the Department of Labor.
To qualify for an EB-2 NIW, the applicant must demonstrate that their work is in the national interest of the United States and that it will have a significant impact on the country. The applicant must meet the following criteria:
- Advanced degree or exceptional ability: The applicant must have either an advanced degree or exceptional ability in their field.
- National interest: The applicant must demonstrate that their work has substantial merit and national importance. They must show that their work is beneficial to the United States as a whole, rather than to a specific employer or industry.
- Impact: The applicant must demonstrate that they are well-positioned to advance their work and that it will have a significant impact on the United States.
The applicant must provide evidence of their achievements and qualifications, including publications, awards, and patents, and a detailed explanation of their proposed work in the United States. They must also provide evidence that they are well-positioned to advance their work and that they have the support of experts in their field.
The EB-3 category is for obtaining permanent residency in the United States for skilled workers, professionals, and unskilled workers.
The EB-3 category is divided into three subcategories:
- Skilled workers: This subcategory requires at least two years of job experience or training and a permanent job offer in the United States.
- Professionals: This subcategory requires a U.S. bachelor’s degree or foreign equivalent and a permanent job offer in the United States.
- Unskilled workers: This subcategory is for positions that require less than two years of training or experience and a permanent job offer in the United States.
Applicants in the EB-3 category require a labor certification from the Department of Labor. Additionally, the number of visas available in the EB-3 category is limited, and there is often a backlog of applicants. As a result, applicants may face longer wait times before obtaining a green card.
Employers must conduct a recruitment process to find qualified U.S. workers for a position before sponsoring foreign nationals for permanent residency. The PERM application includes a detailed job analysis, recruitment process description, and evidence of good faith efforts to find U.S. workers. The Department of Labor (DOL) reviews the PERM application to ensure recruitment guidelines and minimum job requirements are met. Once the PERM application is approved, the employer can file an I-140 Immigrant Petition for an Alien Worker with U.S. Citizenship and Immigration Services.
Business Immigration Compliance
In addition to assisting with nonimmigrant and immigrant matters, we offer a wide range of services to ensure compliance with immigration laws and regulations, including E-Verify guidance, due diligence for corporate changes, government audits, I-9 compliance, corporate immigration policy, and company trainings.
The primary purpose of E-Verify is to help employers ensure that their employees have the required authorization to work in the United States. When a new hire is made, the employer submits the employee’s information to the E-Verify system. The system then checks the information against DHS and SSA databases to verify the employee’s eligibility to work in the United States.
We can assist with proactive preparation for potential audits and government investigations, including conducting internal reviews and assessments to identify any compliance gaps or potential issues. By ensuring complete and accurate records, we can mitigate the risk of non-compliance and be better prepared for any scrutiny from DHS, USCIS, or the DOL.
Beyond audits or investigations, we work to maintain ongoing compliance, including regular monitoring, updates on changes in regulations, and adjustments to policies and procedures as needed.
A well-structured corporate immigration policy is crucial for managing international talent, ensuring compliance with immigration laws, and streamlining the employee experience. We’re here to understand your company’s current immigration needs and help craft a unique corporate immigration policy to meet both current and future needs.
Conducting due diligence for corporate restructurings or changes that impact your immigration program is a critical step to ensure compliance with immigration laws and regulations. Failure to properly assess and address immigration-related issues during these changes could lead to legal complications, penalties, and potential disruptions to your company’s operations. We’re well versed in working with clients to minimize potential risks, maintain compliance, and provide a smooth employee experience during these changes.
Form I-9 is used to verify the identity and employment eligibility of all employees hired in the United States. Accordingly, it is essential for employers to follow the regulations to avoid potential penalties and legal issues. We offer guidance on maintaining a strong I-9 compliance program, reducing the risk of penalties and legal issues related to employment eligibility verification.
We offer specialized and tailored training for your company’s HR and Recruiter teams to help them develop a comprehensive understanding of immigration laws and best practices. Our training will equip your team with the knowledge and tools to effectively navigate the complex landscape of business immigration, best practices for recruiting/retaining international talent, and compliance. Our trainings are the perfect complement to our various immigration tools, including our pre-hire assessment tool and our intuitive immigration program management system.