Business and Work Immigration

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If you are an immigrant and you want to run a business, see a business immigration lawyer. Business immigration is the largest and most actively evolving part of immigration law. A business immigration law firm covers work visas, investor visas, employment-based green cards, and permanent residence for talented individuals. Some of the methods of business immigration to USA require having a sponsoring employer (for example, H-1B or PERM), but some of the petitions can be filed by the applicants themselves.

For example, an individual with exceptional skills, whose work is in the national interest of the United States, can self-petition and sponsor himself for a green card. Similarly, a small business owner may file a self-petition for an E-2 investor visa or an L-1A visa, if the applicant meets the requirements.

In some types of business immigration to USA, the beneficiary is required to have a certain set of qualifications, experience, education or talents. In others, the beneficiary may be eligible for a visa or green card based on the amount of their investment or type of their activity, without the need for a certain education or experience level.

Our business immigration law firm likes to believe there is a way for anyone to immigrate or be lawfully employed in the United States. The key is to find the right path and the best fit. However, you should be willing to make additional efforts to meet the requirements.

Our experienced business immigration lawyer and his team represent employers, investors, and small businesses in securing work visas and permanent residence based on their business activities. In light of the recently signed “Buy American and Hire American” Executive Order, the success of the petitions, now more than ever, depends on the ability to strategize, and diligently identify and address all issues depending on the circumstances of each specific case, without applying one-size-fits-all strategies.

When we prepare immigration packages for filing, each document and form go through multiple levels of rigorous verification and scrutiny. Each case is assigned to a team of professionals consisting of the responsible business immigration lawyer, and dedicated paralegal and immigration clerks, all of whom work together in an effort to achieve the best outcome.

Our business immigration law firm strives to file every immigration package in such a way as to make it unlikely to trigger a request for additional evidence or inquiries from the government. To achieve this, we constantly monitor the changes in immigration law. Our business immigration lawyer adjusts and tailors each package to meet the most up-to-date requirements. This helps us to take away the stress and burden of these matters from our clients, allowing them to focus on running their businesses rather than dealing with complicated immigration procedures.

Our work in making it easy for you begins from your first contact with our office. The first step to become our client is to schedule a consultation with our licensed and experienced business immigration lawyer. Your options include an in-person meeting at our Northern Virginia office in Fairfax, Virginia, a telephone consultation, or an online conference via Skype.

E-2 Treaty Investor Visa

The E-2 Treaty Investment Visa allows business people from specific countries to operate in the United States. The E-2 non-immigrant category requires less investment and no job creation. Although creation of jobs is expected and is a positive factor, it is not required. In many ways, the E-2 classification is similar to a green card. The holder of an E-2 Treaty Investor Visa, his/her family, and employees are allowed to enter and leave the US as much as needed, as long as the business exists. E-2 holders may engage in self-employment (in furtherance of the qualifying investment), may remain in the US for an indefinite period by extending their status every two years, and are not required to maintain ties to their home country.

E-2 Treaty Investor Visa: Requirements

1) The applicant must be a citizen of the treaty country. E-2 is a treaty-based visa, which means that there must be an existing E-2 treaty between the United States and the applicant’s country. The current list includes: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom.

2) The investor must have possession and control of the funds invested. This means that the applicant must own at least 50% of the business entity. Therefore, two owners of the same entity can apply for an E-2 Treaty Investor Visa, but not three.

3) The applicant must prove the legal source of funds. The source of the funds does not need to be outside the US, i.e. it can be a gift from someone in the US. But it must be demonstrated that the funds came from a legal source. The applicant must establish a clear link (chain of transfer) between the source and the funds invested.

What does this mean? For example, if the E-2 Treaty Investor Visa applicant is using proceeds from the sale of his property in his home country, it will not be enough to simply show that there was a sale of property. To demonstrate the lawful source of funds, the applicant must show all of the following: (i) Documents evidencing the ownership of the property sold; (ii) Documents evidencing sale of the property; (iii) Bank statements and deposit/wire transfer slips (certified) showing that the money from the sale were deposited to an account when the sale occurred, e.g. the applicant’s personal account in his/her country; (iv) Bank statements and certified wire-transfer slips from the applicant’s personal account abroad (or in the US– it doesn’t matter) to the US account of the E-2 business. (v) Any other documents showing the chain of custody of funds. In the case of a cash transaction, it is highly advisable to at least use a safe deposit box for the cash. In short, there must be some sort of documentation showing the trace of the specific funds used in the E-2 business.

4) The investment must involve risk. This means that just putting the money in a bank account or buying real estate does not qualify as an investment under the E-2 Treaty Investor Visa scheme. It must involve some enterprise, and be an active business that involves risk, i.e. a business that can be closed if things do not go well.

5) The investment must be committed. This means that one cannot just show money in a bank account and claim it is an investment. The money must be either spent for the business, or there must be contracts with customers or vendors showing commitment.

6) The business must be a real commercial undertaking. This means that we need to show that the business is not created solely for immigration purposes, but rather for purposes of profit and development. This requirement is satisfied by proving that business is being undertaken, that an office has been leased, an entity formed, equipment purchased, a business plan exists, contracts are signed, etc. Promising to do these things is not enough.

7) The investment must be substantial. There is no special figure. This amount may vary depending on the type of business. Typically, $100,000 or more is substantial enough.

8) Investment must not be marginal. This means that the E2 Treaty Investor Visa holder must have bigger plans, i.e. the business is not only to earn a living, but is expected toexpand and grow. This is done by preparing a business plan, and providing evidence the business will continue growing. The E-2 Treaty Investor Visa applicant must also demonstrate that she has sufficient financial support, other than the E-2 business, to support his/her family. This is needed to make sure that the E-2 Treaty Investor Visa holder or his/her family do not become a public liability if the business fails.

9) Finally, the investor must have the ability to develop and direct the business. This is proven by showing evidence of the investor’s prior experience, education and skills relevant to managing the intended business.

I.S. LAW FIRM, PLLC provides services from the beginning of the process to the final point. We can establish a business entity, negotiate agreements, draft contracts, and handle the entire immigration process for the investor and his/her family.

PERM – Labor Certification

The process for obtaining permanent residence based on employment is composed of three phases: (1) the labor certification; (2) the visa petition; and (3) the application for permanent residence. The purpose of this memorandum is to describe the three phases and to provide you with information regarding your part in each of them.

LABOR CERTIFICATION APPLICATION

A “labor certification” is a certification by the U.S. Department of Labor that a shortage of qualified U.S. workers exists to fill your job and that you will be paid the “prevailing wage.” One of the most important factors in the ultimate success of a labor certification is a correct determination of the minimum requirements needed to perform the job. Because this factor is so critical, we spend a significant amount of time obtaining and digesting information and then drafting the appropriate paperwork. It is extremely important that we correctly describe the minimum requirements for the job as well as explain the reasons why these requirements are necessary. The necessary papers will be drafted by our office based on information we obtain from your employer regarding title, salary, job description, and minimum job requirements.

In 2005, the Department of Labor drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as “PERM”) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the Department of Labor. The employer is required to retain this documentation for a period of five years.

Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as “fast-track,” since these types of cases were given priority handling), and traditional or non–Reduction in Recruitment (non–RIR) cases. These two classifications have been done away with. However, occupations are now classified as “professional” or “nonprofessional” and each classification has different recruitment requirements. Both classifications require two Sunday newspaper ads and a 30-day job posting with the State Workforce Agency (SWA). For professional positions, the employer must comply with at least three out of 10 listed steps: (1) Job fairs; (2) Employer’s website; (3) Job search website other than the employer’s; (4) On-campus recruiting; (5) Trade or professional organizations; (6) Private employment firms; (7) Employee referral program with incentives; (8) Campus placement offices; (9) Local and ethnic newspapers; and (10) Radio or television advertisements. If the occupation is classified as “professional” as a “profession” and the employer fails to do these additional steps, the labor certification application will be denied.

Please note: Because the labor certification is really an application by the employer, our office will need your employer’s permission to act as attorney of record on its behalf before the Department of Labor. However, we will not make any representation on behalf of the company without first clearing it with them. Second, applying for a labor certification does not bind the employer legally. The employer remains free to dismiss you or take other personnel action with regard to you, as it would with regard to any other employee. Finally, the labor certification application may be withdrawn by the employer at any time.

Conversely, the application does not bind you to the employer either. However, it is important, before expending great amounts of time and effort that you are sure that there is relative job stability and that you will be employed by the employer upon completion of “green card” processing.

THE VISA PETITION

Upon receiving an approved labor certification, our office prepares a visa petition that is submitted to U.S. Citizenship and Immigration Services (USCIS). The purpose of the visa petition is to prove to the Immigration Service that: (1) your job has been certified by the Department of Labor; (2) you meet all of the requirements listed on the labor certification; and (3) your employer has sufficient resources to pay your salary. This step will also establish the immigrant preference classification. The most common are “second preference” (normally a person with at least a master’s level education) or “third preference” (a person with less than a master’s level education) immigrant. In some cases, the preference for which you qualify may determine how long it will take to obtain legal permanent residence status. At times, it takes a person with a third preference approval longer to immigrate than a person with a second preference approval.

During the visa petition phase, it will be necessary to submit documentation from the employer demonstrating its ability to pay your salary. This will usually be a federal tax return, or for larger companies, a letter or annual report. In addition, it is at this step that we will be submitting documentation regarding proof of your education and experience. Therefore, at that time, we will need diplomas, transcripts, and letters from previous employers, as necessary. Normally, we request those items early in the labor certification process. Any letters that you will need for obtaining information from previous employers will be drafted by our office and forwarded to you for you to send for the necessary signatures.

This step is normally much easier than the labor certification. Assuming that the labor certification has been approved and that we have the necessary documentation, there should be no problems at this stage. On occasion, we may disagree with the Immigration Service as to whether a person should be classified as second preference or third preference. However, if that issue arises, we will give you a complete briefing of any possible ramifications.

By the time we file the visa petition, we must decide whether you will apply for permanent residence here in the United States or at an American consulate abroad. Normally, the application for permanent residence will be processed here in the United States. There are, however, reasons that may dictate processing through an American consulate in your home country such as the need for frequent travel abroad, local USCIS time delays, ineligibility for processing in the United States.

APPLICATION FOR PERMANENT RESIDENCE

The last phase in the process is applying for permanent residence. Again, we will assist in preparing all the forms and ensuring that the supporting documentation is complete. If permanent residence is applied for in the United States, it is called “adjustment of status” processing. If applied for outside the United States, it is called applying for an immigrant visa.” The result of either is the same: permanent residence.

Whether you apply for permanent residence at home or abroad, you will want to begin obtaining the following documents, if you do not already have them in your possession.

Birth certificate for you and any family members;
A marriage certificate, if you are married;
Divorce decrees or other proof of the termination of any prior marriages;
Current passport(s) valid for at least the next year or two;
Police certificates from any country in which you have resided for more than one year after the age of 16 (this is only required if you will be processing through an American consulate outside the United States); and
A military certificate if you have served in your country’s military (needed only if you are processing abroad).

If you do not know how to obtain any of these documents, please contact our office. While the labor certification is probably the hardest part of this whole procedure, the paperwork and documentation requirements for permanent residence are also rather involved. We will, of course, assist you in preparing the required material as well as gathering the necessary documentation for filing. At the permanent residence application stage, the Immigration Service (or consular office) will ask whether you have: (1) been a member of the Communist Party, terrorist groups or similar organizations; (2) been arrested or convicted of any crimes; (3) ever received public assistance, or (4) lied to obtain a visa, worked in the United States without permission, or overstayed your legal status, etc. We will go into more detail about these factors later. (Certainly, if any of these apply, be sure to mention them to us as soon as possible.)

In general, employment-based adjustment of status cases are not subject to interviews with the local USCIS District Office. On the other hand, individuals who undergo consular processing of employment-based cases are always required to attend an interview.

We realize this process is very important to you. We want to be available to ensure your success. Accordingly, we will do everything possible to make this lengthy process as easy on you as possible.

H-1B Work Visa

If you are an employer thinking about hiring foreign workers, or if you are a foreign national interested in working for a US employer, you should consult an H-1B Visa lawyer. You will find the following information useful:

Under the H-1B work visa classification, an employer may sponsor temporary non-immigrant visas for alien professionals or specialty occupation workers with a bachelor’s degree or higher. The H-1B status is available for an initial term of three years and can be extended for an additional three years up to a maximum of 6 years.

Typical H-1B occupations include accountants, computer programmers, architects, engineers, doctors and college professors. An H1B visa lawyer can provide further advice.

Cap Issues

There is an annual cap on the number of H-1B visas issued. The current annual cap is 65,000. Additionally, there are 20,000 H-1B visas issued annually to professionals with a master’s degree or higher. Because the number of available visas is limited, it is extremely important to get started on the process as soon as an employer decides to hire an alien worker. There are usually 3-4 times more H-1B applications than the number of annually available visas. Due to this high demand, the U.S. Citizenship and Immigration Services (USCIS) implements an annual cap on H-1B visas and conducts a registration and lottery process to manage applications.

Registration Process:

Electronic Registration: Prospective employers must electronically register each potential H-1B beneficiary during a designated period. This registration requires basic information about the employer and each prospective employee. A non-refundable $10 fee is associated with each registration.

Registration Period: The initial registration period typically opens in early March and lasts for at least 14 calendar days. For the Fiscal Year (FY) 2025 cap season, the registration opened at noon Eastern on March 6, 2024, and closed at noon Eastern on March 25, 2024.

Lottery Selection: If the number of registrations exceeds the annual cap, USCIS conducts a random lottery to select registrations. Only those with selected registrations are eligible to file H-1B cap-subject petitions.

Key Dates:

Registration Period: Early March (specific dates announced annually by USCIS).

Notification of Selection: Typically by the end of March.

Petition Filing Period: Selected registrants can begin filing H-1B cap-subject petitions starting April 1. USCIS provides at least 90 days from the date of selection to file the petition.

How to Register:

Create an Account: Employers must create a USCIS online account to access the registration system. This account can be set up before the registration period begins.

Complete Registration: During the registration period, employers submit registrations for each prospective H-1B employee, providing necessary information and paying the associated fee.

Await Selection: After the registration period closes, USCIS conducts the lottery (if necessary) and notifies employers of selected registrations.

File Petition: Employers with selected registrations can then file H-1B cap-subject petitions for their prospective employees within the specified filing period.

Important Considerations:

Beneficiary-Centric Selection: Starting with the FY 2025 cap season, USCIS implemented a beneficiary-centric selection process to ensure each beneficiary has an equal chance of selection, regardless of the number of registrations submitted on their behalf.

Compliance: Employers must ensure all information provided is accurate and comply with all USCIS guidelines to avoid penalties or disqualification.

If the organization misses the filing period, both the employer and the employee may have to wait another year for the next cap season to file the petition. However, there are cap exemptions for certain types of organizations, for example nonprofit research organizations and universities. Cap-exempt organizations can file H-1B petitions all year round and are not bound by cap season limitations.

Process

To apply for H-1B visa, an employer must be a US company with a federal tax identification number. Foreign businesses not established in the United States cannot use this visa to bring employees here. The employer must prepare and file a Labor Condition Application (LCA) with the Department of Labor (DOL). The employer must describe the position and salary. The LCA also requires the employer to attest to complex facts concerning wages, working conditions, labor conditions and the giving of notice.

After the LCA is approved by the DOL, the employer must file a petition with USCIS, part of the Department of Homeland Security. The petition must demonstrate that the position requires a person in a “specialty occupation”. This means a position that requires a minimum of a bachelor’s degree or its equivalent in experience and/or education in a specific field related to the job.

The employer must maintain a public access file containing information about the required wage to be paid to the H-1B worker and the posting of notice. The employer must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees.

Employers are required to pay a fee for each H-1B application. If the employer terminates the services of the employee prior to the expiration of the H-1B status, the employer is also responsible for paying the employee’s return transportation to his or her last foreign residence.

Specialty occupation

The petition must demonstrate that the position offered is a “specialty occupation”, meaning that it requires at least a Bachelor’s degree or equivalent. The petition must also show that the employee has required qualifications for the specialty occupation and the specific job offered by the employer. If the initial petition does not sufficiently establish that the position qualifies as a “specialty occupation”, USCIS may issue a request for additional documentation (request for evidence, known as RFE), which would delay the process. “Specialty occupation” is the subject of most Requests for Evidence issued by USCIS.

The employee must also be able to prove that his or her foreign university degree and/or work experience qualifies as the equivalent of a US degree.

Change of employer

The employee must maintain lawful status in the United States. To maintain the current H-1B status, the employee must continue to work for the sponsoring employer. Under US immigration laws, a person who fails to maintain lawful status may be deported and never allowed to re-enter the United States. However, the H-1B visa holder may change employers if the new employer files a petition on his or her behalf. Usually, the employee is permitted to start working for the new employer immediately after a change of employer petition is filed.

Change of status

Individuals who currently hold a valid nonimmigrant visa may apply for H-1B status while in the United States. For example, a holder of an F-1 student visa, may seek to change his or her status to H-1B. However, if the worker is overseas, or needs to travel abroad, he or she will need to apply for an H-1B visa at a US consulate. An H-1B employee may also be eligible to change his or her status, if needed, for example, if they marry a US citizen or decide to become a full-time student.

Employer’s duties

Must be a US Employer. The employer must be a US company with a federal tax identification number. Foreign businesses not established in the United States cannot use this visa to bring employees here.

File a Labor Condition Application. The employer must prepare and file a Labor Condition Application (LCA) with the Department of Labor (DOL). The employer must describe the position and salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.

File a petition with US Citizenship and Immigration Services. After the LCA is approved by the DOL, the employer must file a petition with USCIS. The employer must demonstrate that the position requires a person in a “specialty occupation”. This means a position that requires a minimum of a bachelor’s degree or its equivalent in experience and/or education in a specific field related to the job.

Maintain records. The employer must maintain a public access file containing information about the required wage to be paid to the H-1B worker and the posting of notice. The employer must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees.

Pay costs. Employers are required to pay a fee for each H-1B application. If the employer terminates the services of the employee prior to the expiration of the H-1B status, the employer is also responsible for paying the employee’s return transportation to his or her last foreign residence. Employers can get further advice from an H1B Visa lawyer.

Employee’s duties

Demonstrate qualifications. The employee must demonstrate that he or she has required qualifications for the specialty occupation and the specific job offered by the employer. The employee must be able to prove that his or her foreign university degree and/or work experience qualifies as the equivalent of a US degree.

Maintain legal status. The employee must maintain lawful status in the United States. To maintain the current H-1B status, the employee must continue to work for the sponsoring employer. However, the H-1B visa holder may change employers if the new employer files a petition on his or her behalf. Under US immigration laws, a person who fails to maintain lawful status may be deported and never allowed to re-enter the United States.

Individuals who currently hold a valid nonimmigrant visa may apply for H-1B status while in the United States. For example, a holder of an F-1 student visa, may seek to change his or her status to H-1B. However, if the worker is overseas, or needs to travel abroad, he or she will need to apply for an H-1B visa at a US consulate. Employees can get further advice from an H1B Visa lawyer.

Attorneys at I.S. law Firm have helped many foreign nationals obtain H-1B visas, H-1B extensions, or change of status to and from H-1B status.

National Interest Waiver (EB-2)

National Interest Waiver (EB-2) enables talented individuals to sponsor themselves (or have their employer sponsor them) for permanent residence directly with the USCIS, without having to go through Labor Certification process through DOL. You and your employer do not need to conduct any recruitment, place any ads, or prove that there are no qualified candidates for your position. In fact NIW process presumes that there are other available candidates for your job, but you are so well-positioned, above others in your field of endeavor, that having you continue doing what you do is more important that protecting a US worker. You don’t even need your employer to sponsor you. You can self-petition.

National Interest Waiver is available for almost all types of jobs. Many mistakenly believe that NIW is only suitable for scientists, researchers, etc. This is wrong. We have secured green cards based on National Interest Waiver for accountants, teachers, doctors, journalists, athletes, physicists, business owners, non-profit finance workers, and many others.

USCIS reviews NIW petitions applying the precedent AAO decision of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2106). To qualify for National Interest Waiver (NIW), we must satisfy the following three conditions:

We must demonstrate, by preponderance of the evidence (i.e., more likely than not), that your work in the US is a matter of substantial merit. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health or education. We must unify your various activities and accomplishments into a recognizable field of endeavor, which we will determine after reviewing and discussing your qualifications. While your endeavor does not have to be a universally commonplace designation for a field, we will consider various characterizations and reject the ones that are too broad or excessively narrow to encompass your activities.
Secondly, we must demonstrate that you are well positioned to advance the proposed endeavor. This prong can be satisfied by demonstrating that you have advanced degrees, extensive experience, significant achievements in the field, and you have expertise in this highly specialized field; that you intend to continue your work within your field thereby serving the US national interests. This includes your diplomas, awards, letters from experts within your field attesting to your achievements and qualifications. We must show that your work, contributions, achievements, dedication, performance, and enthusiasm, are well beyond those of a regular professional working in the same field.
Finally, we must demonstrate that, even assuming that there are other available specialists qualified to work in this field, keeping you in the US and having you do what you do (i.e., proposed endeavor, a project, or research you are working on), on the balance outweighs the importance of protecting/hiring a US worker. We don’t have to prove that you are irreplaceable, but we must demonstrate that your contributions and achievements are so tall and important, that it will be in the US national interest to grant your permanent residency (which includes the right to work) in the US, despite the assumption that you will potentially outplace a US worker. Satisfying this prong is more of an argument than providing evidence, which we will take care of.

In order for your National Interest Waiver petition to succeed, we will need to assemble an authoritative collection of letters from senior, well-established, and highly regarded leaders in your field of work, documenting past record of specific prior achievement which justifies projections of future benefit to the national interest and confirming that you, in some capacity, will continue serving or will serve the national interest to a substantially greater extent than the majority of your colleagues.

Our lawyers have helped many talented individuals receive their green cards through the National Interest Waiver (EB-2) process. If you are interested in applying under the National Interest Waiver (EB-2) category, we can make an appointment, review your qualifications, and determine if we have enough to proceed or if we need more. Schedule a Consultation today to determine if you can qualify for EB-2 National Interest Waiver (NIW).

Extraordinary ability (EB-1)

The Extraordinary Ability (EB-1) category is another mechanism enabling highly talented individuals to sponsor themselves for permanent residence, avoiding the complicated and traditional methods requiring the securing of a sponsoring employer, labor certification, lengthy processing times, and long waiting periods for priority dates.

The benefit of being classified under this category is immense. It lets the applicant avoid the usual limitations of pre–green card employment and the labor certification process. In other words, the beneficiary of an approved petition under Extraordinary Ability (EB-1) classification, absent from any bars, is immediately eligible for a green card.

To qualify for the Extraordinary Ability (EB-1) category, the government will accept a one-time receipt of a major international award or evidence to show that you are one of the few to have risen to the top of your field. Again, if you have not received such a prize, the government has suggestions for documentation. Again, they would like to see at least three of the following:

Receipt of national or international awards;
Membership of associations that require outstanding achievements as judged by national or international experts;
Published material about you in professional or trade publications or major media;
Evidence that you have judged the work of others in your field;
Evidence of original scholarly contributions to your field;
Evidence of scholarly articles written by you about your field and published in trade journals or other major publications;
Evidence that you have performed a lead or critical role for organizations of distinguished reputation;
Evidence that you have commanded a high salary or other remuneration for work in your field; and,
Anything else that you can think of to show you are one of the few at the top of your field.
Evidence of your commercial successes in the performing arts.

Professionals at I.S. Law Firm have helped a number of talented individuals to apply for green cards under the Extraordinary Ability (EB-1) category.

If you are interested in applying under the Extraordinary Ability (EB-1) category, we can make an appointment, review your qualifications, and determine if we have enough to proceed or if we need more.

The Road to the Top: Applying for the O-1 Talent Visa

Are you a highly skilled individual with an extraordinary ability in science, arts, education, business, or athletics, or have a demonstrated record of extraordinary achievement in the motion picture or television industry? If so, the O-1 nonimmigrant visa may be the perfect opportunity for you to work and live temporarily in the United States.

Immigration attorney Ismail Shahtakhtinski has a proven track record of helping countless talented individuals obtain O-1 visas and pursue their dreams in the USA. The O-1 visa program is designed for individuals who have risen to the very top of their field, and the benefits of this visa category are numerous. So, if you are interested in taking your career to the next level, keep reading to learn how I.S. Law Firm can assist you in securing an O-1 visa for you.

Divided into four subcategories, including O-1A, O-1B, O-2, and O-3, this nonimmigrant visa offers unique opportunities for talented individuals to temporarily come to the United States with their families and continue their work in their respective fields.

The O-1A subcategory is for individuals with extraordinary abilities in sciences, education, business, or athletics. To qualify for this visa, you must demonstrate extraordinary ability by sustained national or international acclaim and be among the small percentage of top performers in your field.

On the other hand, the O-1B subcategory is for individuals with extraordinary ability in arts or extraordinary achievement in the motion picture or television industry. To qualify for this visa, you must demonstrate a high level of achievement and recognition substantially above that ordinarily encountered in your field. To qualify, you must also be prominent, renowned, leading, or well-known in the arts field.

The O-2 subcategory is for individuals accompanying an O-1 artist or athlete to assist in a specific event or performance. To qualify for this visa, your assistance must be an integral part of the O-1A visa holder’s performance, and you must have critical skills and experience that are not readily performed by a U.S. worker. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience critical to the production, either based on a longstanding working relationship or because your continuing participation is essential to successfully completing the production.

Finally, the O-3 subcategory is for spouses or children of O-1 and O-2 visa holders. They may be eligible to apply for an O-3 nonimmigrant visa if they accompany or join the O-1 or O-2 visa holder later. However, they cannot work in the United States under this classification. Still, they may participate in full-time or part-time study.

To apply for an O visa, your U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file Form I-129, Petition for Nonimmigrant Worker, on your behalf, along with the required evidence according to the form instructions. The petition can be filed up to one year before your services are needed. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before your employment date. A premium processing can be requested from the USCIS to have your case reviewed within 15 business days.

If you believe you qualify for an O visa and need help with the application process, don’t leave your future in the United States to chance. Schedule a consultation with an experienced attorney today using the following link: Schedule a Consultation – I.S. Law Firm, PLLC. Let us help you achieve your immigration goals and advance your career in the USA.

L-1A Intracompany Manager/Executive and EB-1C Green Card: Eligibility, Requirements, and Process

Whether you are an employer seeking to transfer employees to the U.S. or an employee looking to work in the U.S., we aim to provide valuable information to help you achieve your goals. I.S. Law Firm has helped countless clients successfully obtain L visas. In this blog, we will share our expertise and insights to help you understand the eligibility requirements, qualifications, and filing process for L-1A visa and pathway from L-1A to EB-1C Green Card (Permanent Residency). So, let’s explore how they can benefit you.

L-1A Intracompany Transfer Visa: Overview and Process

The L-1A visa is designed for multinational companies to transfer executives or managers from a foreign office to an affiliated U.S. office. This visa is also ideal for foreign entrepreneurs who establish a U.S. business while continuing operations abroad. It allows for an easier pathway to permanent residency through the EB-1 Green Card due to similarities in eligibility requirements.

L-1A Requirements

1) Qualifying Relationship

The U.S. company must be related to the foreign entity as a parent, subsidiary, affiliate, or branch office

2) Position of the Applicant

The applicant must have worked as a manager or executive at the foreign entity for at least one continuous year within the last three years before entering the U.S.

The transferred role in the U.S. must also be in executive or managerial capacity.

3) Managerial/Executive Capacity Defined

– Manager: Directs a department or function, supervises other employees, or manages essential functions without direct supervision.

– Executive: Has decision-making authority and oversees large aspects of the company without needing oversight.

4) Establishing a New U.S. Office

– Evidence of physical premises for the new office in the U.S.

– A business plan demonstrating the company’s growth and capability to support the manager/executive position within one year.

If you’re interested in applying for L-1A and L-1B visas and require professional legal assistance, we are here to help. To schedule a consultation, please use the following link: Schedule a Consultation – I.S. Law Firm, PLLC. We look forward to assisting you.

L-1A Process

1) Filing Form I-129 (Petition for Nonimmigrant Worker)

Submitted by the U.S. entity to USCIS, including documentation about the company structure, qualifying relationship, job duties, and the applicant’s qualifications.

Premium processing (15-day expedited review) is available.

2) Visa Application at a U.S. Consulate/Embassy

If the petition is approved, the applicant applies for an L-1A visa at the nearest U.S. consulate.

3) Duration and Extensions

Initially granted for one year if opening a new U.S. office; otherwise, up to three years.

Can be extended for a total of seven years (with one-year increments for new offices after meeting growth milestones).

Pathway from L-1A to EB-1C Green Card (Permanent Residency)

The EB-1C category offers a direct route to a Green Card for individuals with L-1A status. The transition is straightforward since the qualifications overlap significantly.

EB-1C Requirements

1) Qualifying Relationship Between U.S. and Foreign Entities

Must demonstrate that the U.S. and foreign companies have the same type of qualifying relationship required for the L-1A visa.

2) Executive or Managerial Role

The applicant must have held an executive or managerial position at the foreign company for at least one year within the past three years and must hold a similar role in the U.S. office.

3) Business Viability

The U.S. company must be operational and able to support the executive/manager’s role, with employees or contractors reporting to them and evidence of business growth.

EB-1C Green Card Process

1) Filing Form I-140 (Immigrant Petition for Alien Worker)

The U.S. company files the petition to USCIS, demonstrating the applicant’s qualifications, the company’s structure, and the qualifying relationship with the foreign entity.

2) Adjustment of Status (Form I-485)

If the applicant is already in the U.S. on an L-1A visa, they can file for adjustment of status to permanent residency.

If abroad, the applicant must go through consular processing at a U.S. embassy or consulate.

3) Processing Time and Priority Dates

EB-1C petitions typically have shorter processing times compared to other Green Card categories, and no labor certification (PERM) is required.

Premium processing is currently unavailable for EB-1C petitions, but the overall timeline is expedited compared to other employment-based visas.

4) Permanent Residency

Once approved, the applicant and their immediate family members (spouse and children under 21) receive Green Cards.

Comparison of L-1A and EB-1C Benefits

– L-1A Visa:

Allows executives and managers to work and live in the U.S. temporarily.

Can be extended for up to seven years.

Family members can accompany the applicant and also receive L visas. The spouse of L-1 visa holder also qualifies for employment authorization (work permit)

– EB-1C Green Card:

Provides permanent residency without requiring PERM labor certification.

Family members can accompany the applicant and also receive Green Cards.

To learn more about our services and for consultation on the L-1A or EB-1C please click here to schedule a consultation or contact us at +1-703-527-1779 or via e-mail: law@islawfirm.com.

FAQs

If someone has an I visa, do they still need to apply for an Employment Authorization Document (EAD) and a Social Security number (SSN)?

Individuals with an I visa do not need to apply for an EAD. The I visa is specifically for journalists and media workers coming to the United States for work purposes. Unlike other nonimmigrant visas, the I visa does not require an EAD because it is tied to the specific employment authorized under the visa category. The I visa allows individuals to work only for the purposes related to their journalism or media work as specified in their visa.

However, for individuals with an I visa, applying for a Social Security number may still be necessary. A Social Security number is typically required for tax purposes and to comply with certain U.S. government regulations. It is important to note that each individual’s situation may vary, and consulting with an immigration attorney or the appropriate government agencies can provide accurate guidance on whether a Social Security number is required in a specific case.

Can I withdraw my Asylum case if I have already attended biometrics and received approval for an EB-3 work permit?

Yes, you have the option to withdraw your Asylum case at any time. However, it is important to consider whether withdrawing your Asylum case is a wise decision. Simply withdrawing the case does not erase it from your immigration history, and there may still be consequences or questions raised in the future.

While there are instances where individuals have successfully withdrawn their Asylum cases and pursued other immigration avenues without issues, it is not a guaranteed outcome. Each case is unique, and the decision to withdraw should be made after consulting with an immigration lawyer who can evaluate your specific circumstances.

It is important to note that withdrawing your Asylum case may raise suspicions and could potentially lead to further scrutiny or denial of other immigration applications. Some individuals who have withdrawn their Asylum cases and later traveled to their home country where they filed for Asylum have faced challenges in subsequent immigration proceedings, such as removal proceedings or accusations of misrepresentation.

In certain situations, it may be possible to pursue alternative immigration options, such as the EB-3 work permit, without withdrawing the Asylum case. Consulting with an immigration attorney can help you explore your situation’s best course of action, considering the potential implications and available legal strategies.

It is also worth noting that in some cases, individuals with pending Asylum cases may be eligible to apply for emergency advance parole, allowing them to travel for urgent reasons without abandoning their Asylum claim. Again, consulting with an attorney will guide you on the most appropriate steps to take in your specific circumstances to protect your interests and maximize your chances of a favorable outcome.

If I get E-2 visa, can it lead me to a green card?

Depends on what you mean by “lead”. There is no visa or status that automatically leads to a green card. There is a common misperception about this. For example, an H-1B status does not “lead” to a green-card through employment. In fact, you do not need an H-1B status to have your potential employer sponsor you for employment-based green card. There are basis and procedures for non-immigrant visas, such as H-1B, E-2, L-1, and there are separate basis and procedures to apply for green card, such as employment-based green card process, family petitions, business, investment, outstanding abilities etc. The E-2 Treaty Investor Visa is a non-immigrant visa which allows entrepreneurs and their families to live in the United States and manage their businesses. You can renew E-2 status continuously in every 2 years. While you are on E-2 status, you can apply for green card through all available options such as investment (EB-5), employment (PERM), family petitions, extraordinary ability, national interest waiver and so on.

Here are the common ways, listed in the order of frequency, through which many of our E-2 clients eventually adjust their status in the US and become US permanent residents:

The E-2 visa holder can be sponsored for employment-based green card by a potential employer who is able and willing to offer a permanent job to the E-2 visa holder.
PERM for E-2 Spouse. Spouses of E-2 visa holders are eligible for work permit, also known as Employment Authorization Document (EAD). The EAD allows the dependent spouse of E-2 principal to work for any employer at any job. Quite often, after some time of employment, the E-2 spouse’s employer decides to sponsor the employee through PERM process and, in turn, all family members of the E-2 visa holder adjusts status to permanent residency in the United States and get their green cards.
Additional Investment – EB-5. As we know, the E-2 visa requires around $100,000 and, sometimes, even smaller investment. In other words, it is for smaller businesses. But as the business grows and expands, the E-2 investor may decide to inject more money ($500K/$1mln) into the business, thereby enabling business to hire 10 or more employees. If that happens, the E-2 investor may now be able to apply for green card through the EB-5 investment program.
Exceptional/Outstanding Skills. If the E-2 investor’s business is so successful and innovative that it impacts the industry or field in which the E-2 investor operates, then he or she may be eligible to apply for green card based on National Interest Waiver or Extraordinary Abilities.
Family Petitions. Some E-2 investors have US citizen siblings or parents. Or they may end up getting married in the US or their children may naturalize through one way or another. If that happens, naturally, the US citizen relative can sponsor the E-2 investor for green card. Some of family-based petitions take many years of waiting in line. For example, a green card process through US citizen sibling can take 12-15 years. The beneficiaries of family-sponsored preference categories who are waiting for priority dates to become current need to have some type of independent non-immigrant status during that time to be able to live and work in the US while waiting. E-2 is a good status which enables the waiting family status to live and work in the US while waiting for their family-based petition’s priority date.

There are multiple other options one can become a lawful permanent resident. E-2 status does not preclude you from exploring all those options while you are in the US. The E-2 Treaty Investor Visa is a great tool for entrepreneurs and businessmen to establish and run their businesses in the US. It is often the first step in realizing your American Dream. For more information of obtaining E-2 visa, starting your business in the US, or applying for green card, please contact us at +1-703-527-1779 or via e-mail: law@islawfirm.com.

I am a citizen of Ukraine and would like to apply for E-2 visa. Can I file for change of status or do I have to go back and apply through the consulate?

E-s visa applicants from Ukraine and other post-Soviet states frequently have difficulties with proving the source of income, because almost no one trusts banks or most individuals do not use bank accounts in Ukraine, Azerbaijan and other post-Soviet countries. Most transactions in those countries are made in cash due to the undeveloped and fragile banking system. Even if it is a sale of real estate, the initial transfer of funds occurs through a bank account, but then the seller immediately withdraws the funds and stores it in the form of cash. Income and taxes are very poorly documented. The good news is that the consulate there is aware of those conditions and is more liberal about tracking cash transaction. However, the USCIS here is not well aware of it and often denies change of status cases due to a lack of evidence proving source of funds invested. Therefore, I never recommend my clients from post-Soviet countries to file for change of status, and instead, advise them to go through the US consulate in their home country.

Additionally, the process through the consulate is more collaborative. If the consular officer is not satisfied with the evidence provided or has additional questions, you can go back and forth until the officer is satisfied. However, if you apply for change of status in the US, you do not get to communicate with the USCIS officer, other than responding to one dry request for evidence. If the USCIS officer makes an adverse decision, you are out of luck and run the risk of being deportable. Therefore, we always recommend to apply for E visa through the US consulate in the applicant’s home country.

Finally, applying for change of status inside the US is always a negative factor for your future visa applications through the consulate. The consulates are not happy when one enters the US with one type of visa and then changes it to another. Even if your change of status in the US is granted, you will still have to obtain the visa through the consulate whenever you decide to travel abroad. So, we recommend to apply from the consulate from the beginning and avoid dealing with the USCIS altogether.

How much money should I invest to get E-2 visa?

There is not the exact amount limit as a minimum or maximum for E-2 investment. The law requires that the investment be “substantial.” Typically, an investment of $100,000 or more satisfies the substantiality test. The important factor for E-2 investment is proportionality – the amount you invest should be proportionate to business you do. In other words, you must invest sufficient amount to ensure that the business operation will be successfully fulfilled. While making the decision, the USCIS considers substantiality of E-2 visa investment, which means the nature of the business and amount of the investment should be proportionate. Additionally, the higher investment amount makes it easier to obtain the E-2 visa.

If I take loan for my business, can I apply for E-2 investor visa with that business?

Yes, the loan is one of the legitimate sources for E-2 investment. However, the loan cannot be secured by the assets of your E-2 enterprise. It can be either unsecured loan or a loan secured by your personal assets.

NOTICE: The information contained on this site is intended to educate the general public and not to provide legal advice. To obtain proper legal assistance, please contact a qualified attorney.

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