Business and Employment Immigration

Business and Employment Immigration

The United States offers many opportunities for foreign nationals who want to come to the United States to procure employment, open businesses, or to make investments. Unfortunately, the governing law and regulations are as complex as the U.S. Tax Code. At Xander Law, we have attorneys who have years of experience in successfully obtaining employment-based visas, investor visas, entrepreneur visas, intra-company transferee visas, and other business related visas.

A person seeking to enter the United States on business or employment grounds, not only has a difficult decision to make, but must also select the right type of visa that will fit their needs and goals. For example, if you are a person who wants to open a new business enterprise in the United States, you may have the option to obtain several types of visas, including but not limited to an L-1 visa, an EB-1 visa, an EB-5 visa, or an E-2 visa. With the help of our attorneys at Xander Law, we will help you make an informed decision on the ideal visa type; we will also make sure to guide you through the elaborated application process to ensure that all legal aspects of your new business enterprise and immigration status are 100% in compliance. Throughout the years, we have successfully obtained employment and business visas for people from several countries throughout the world including China, Taiwan, Venezuela, Colombia, Chile, Russia, Ukraine, Mexico, El Salvador, Nicaragua, Costa Rica, Argentina, Nigeria, South Africa, Uganda, Jamaica, and Spain.

Employment-Based Visas

Employment-based visas are visas that require the foreign national to first obtain an employer (or sponsor as it is referred to in Title 8 of the Code of Federal Regulations), who is willing to employ the person and also petition for them to enter the United States to work. Some of these visas, such as the EB-2, will permit the foreign national to obtain lawful permanent resident status in the United States. However, because an EB-2 creates a permanent status, the criteria to qualify are significantly more stringent than a visa such as the H1B, that creates a temporary status for the employee. For example, the EB-2 visa generally requires that the employee be one with exceptional ability in his/her field. This process requires that the employer run a recruitment process to see if any U.S. workers are willing or able to fill the vacancy. If the Labor Department certifies that there are no U.S. workers willing or able to fill the vacancy, then the employer can file a petition for the employee through United States Citizenship and Immigration Services. The process is very complex and requires attention to detail at every step to ensure that the employer can have his position filled, and that the employee can  successfully enter the United States to perform under his/her employment agreement.

Visas for Exceptional or Extraordinary Ability in the Arts or Sciences

There are also visas for people with exceptional or extraordinary skills in areas such as arts,  music, or academics. In the past we have helped actors, musicians, and comedians obtain O-1 visas to come to the United States to perform in their field. These visas are available for qualifying people who has received national and/or international accolades in their field of expertise, whether it be in the arts or the sciences. There are also visas for performance groups such as dance groups or musical groups. We have successfully obtained O-1 and P visas for musicians, actors, and comedians from Cuba, Venezuela, Colombia, and Russia.

Investor Visas

Investor visas are for people who wish to invest in a new or failing enterprise in the United States. There are several kinds of investor visas. The E-2 treaty investor visa is only eligible for applicants from countries where the U.S. and the home country have a valid international investor treaty. This visa allows an investor to invest a “substantial amount” in a new or failing enterprise and to manage the enterprise. There is also the Entrepreneur Visa, which is a type of investor visa which provides the investor with lawful permanent resident status if they make an investment of $1,000,000.00 ($500,000.00 in some instances) in a new or failing enterprise in which the investment is used to create a certain number of employment positions for U.S. workers. The investment has to create employment, which is why the investment cannot be just the purchase of a second home for the investor.

Visas for Executives or Managers

A person or corporate entity that is seeking to open a subsidiary of their foreign company in the United States may be eligible for an L-1 visa. The L-1 visa permits a foreign company to transfer one of its executive level or managerial employees to the United States to work for its new or previously existing subsidiary. This visa allows the executive or manager to work in the United States and travel as needed in order to fulfil the company’s business goals. This same executive or manager may then be eligible to apply for an EB-1 visa to obtain lawful permanent resident status in the United States if they choose to do so. Additionally, most of the visas mentioned here permit the visa holder to also obtain visa status for their spouse and minor children with certain restrictions.

Currently, there is a major humanitarian crisis in Venezuela, which has prompted many business owners from Venezuela to find safer and more effective ways to conduct business, oftentimes by opening an enterprise in the United States. Since Hugo Chavez took power in Venezuela, the totalitarian regime has stripped its citizens of their basic rights and property. Due to this, many Venezuelans have been forced to flee for their safety. A former client who owned a large agricultural machinery and equipment company in Venezuela approached us with an interest in starting a company in the United States, for fear that if the government seizes the Venezuelan company, their entire family would lose everything. We assisted them in creating a corporation in South Florida for import and export of agricultural equipment that would work directly with the Venezuelan parent company. We were successful in obtaining an L-1A visa for the executive of the U.S. enterprise, so that he can manage the new company. This not only gave our client a thriving U.S. business, but also the peace of mind that his family’s future would be secure in the United States and safe from the tyrannical regime in Venezuela.

Choosing the Right Firm for you Legal Needs

In addition to a combined 40 years experience handling business and business immigration cases, Xander Law also employs former employees of the Department of Homeland Security, who know the ins and outs of the visa process from the government perspective. If you are interested in obtaining employment, business, or investor visas please do not hesitate to contact us today to speak to an experienced attorney.