What Do Business Immigration Lawyers Do?
Business Immigration Lawyers At Work
American immigration lawyers deal with immigration issues of different sorts daily. This could be related to different types of US visas, USCIS forms for a naturalization application, or what not to do to avoid removal proceedings.
You must take Immigrations forms submitted to the United States Citizenship and Immigration Services (USCIS Office) very seriously. The immigration process can be pretty confusing, and inevitable mistakes could even lead to deportation to your home country.
A hardworking and experienced Shenandoah business immigration lawyer can help ensure that you do not commit crucial errors. They can also provide legal assistance for matters related to the port of entry and waivers, frequent traveler program qualifications, grounds of inadmissibility, or administrative processing issues.
This article will focus on what a business lawyer in Shenandoah can do. It is divided into five sections, namely:
- The Basics of Business Immigration
- Self-Sponsored US Green Card Application
- Non-Immigrant Work Visas
- Other Common Visa Categories
- Legal Help from a Trusted Local Attorney
The Basics of Business Immigration
US immigration lawyers are, to a certain extent, unique given the wide range of clients that they handle. It could be a hopeless person of a different nationality who needs an immigrant visa, an eager foreign national proceeding with a green card application, or an optimistic US citizen with questions about a fiance visa.
Before proceeding, a business owner or manager who wishes to utilize immigration policy to boost their must carefully assess their legal options. The same goes for an aspiring immigrant looking to come to work in the United States. While certain work visas are well-suited to a specific purpose, no visa is universally applicable to every situation.
Aside from comprehensively discussing the different business visas available for alien workers, business immigration lawyers can also help with document retention, particularly those related to H-1B employment and labor certification recruitment. These would include:
- Merger and acquisition challenges in the Form I-9 context
- Use of the Image program and E-Verify compliance issues
- Appeals of penalty determinations
- Employment eligibility documentation
- Company compliance manuals and policies
- Unannounced visa petition immigration verification audits
Self-Sponsored US Green Card Application
Whether it is a concern related to family-based immigration, applying for a green card, or preparing for a citizenship test, reaching out to an immigration attorney comes with urgency. The majority of people with immigration concerns consider their problem very important and seek prompt legal assistance.
Given the stringent nature of US immigration laws, processing times are long, and seemingly minor errors could have serious consequences. This is true for both business owners and foreigners who wish to self-sponsor.
In general, a foreign national with extraordinary abilities in business, science, or the arts may be able to immigrate and become a lawful permanent resident through the following:
Applying for a green card through EB-1A
The EB-1A (Extraordinary Ability) category applies to foreign nationals who can prove that they are professionally distinguished in their respective fields of work and study through certificates and supporting documents. Here, sponsorship from an employer and the accompanying employment or labor certification is not required to have permanent residence.
Obtaining a green card through the NIW
The National Interest Waiver is meant for alien advanced degree professionals with exceptional ability in their fields of work and study. One may apply for a green card and have the employment requirement waived by showing that your admission to permanent residency is in the national interest.
Non-Immigrant Work Visas
Most foreign nationals who wish to work, trade, invest and do business in the United States apply for the following nonimmigrant visas. Under relevant immigration policy, a non-immigrant is generally not helpful in immigrating, obtaining permanent residency, or applying for citizenship. Additionally, they are valid only for a limited period.
In the spirit of commerce, investment, and trade, investors (from countries that the United States signed a treaty with) can apply for an E-2 visa.
Executives and managers of a company (with an office in the United States) who wish to transfer to or work in the country may apply for an L-1 Visa. Applicants should have worked at the company’s foreign office for at least one year within the three years before the application.
This is applicable for temporary workers in a specialized profession, particularly those with a bachelor’s degree and a job offer in the United States.
Under family-based immigration, certain family members (spouse and children below 21) may stay with an H-1B visa holder and get an education in the United States. You may submit an H-4 visa application with the application for an H-1B.
Following the North American Free Trade Agreement (NAFTA), Mexican or Canadian citizens may acquire a TN visa from an airport or other port of entry. Certain foreigners may be exempt from the Labor Certification requirement, depending on their intended purpose.
Foreign nationals with extraordinary abilities in business, athletics, education, the sciences, the motion picture or TV industry, or the arts may obtain an O-1 nonimmigrant visa.
When dealing with these types of visas, it is highly recommended to consult with trusted immigration attorneys in Shenandoah before taking any steps. Filling out USCIS forms and other paperwork is something that you should not take lightly.
Other Common Visa Categories
There are different ways for an alien to get a green card and legal permanent resident status. If you are planning to get married to a US citizen or permanent resident or if you wish to do business in the US, the following immigration process may apply to you:
The Fiance Visa or K-1 visa is necessary if a United States citizen wants to bring and marry their fiancé to the United States. When getting a green card through marriage, your US citizen fiance must have sufficient enough assets and income to support you at the required level. In general, citizens must promise the US government to keep their non-US spouse for approximately ten years.
The US immigration laws of 1996 outline financial requirements for a United States citizen helping their fiance apply for a green card. A Form I-864 Affidavit of Support must be filled out, proving the citizen’s ability to support the immigrant at a level exceeding the US Poverty Guidelines.
B-1 Business Visa
Under business immigration law, B-1 visas are granted to those who can prove that they are entering the country for a legitimate commercial or business activity.
B-1/B-2 Visa Renewal/Extension or Change of Status
If you are a B-1 or B-2 visa holder and need to extend your stay due to an educational opportunity or further business, an extension may be applied by filing a Form I-539.
If you have any legal questions about these immigration rules, it is best to seek legal advice from knowledgeable and reliable Shenandoah immigration lawyers early on.
Legal Help from a Trusted Local Attorney
A law office specializing in business immigration can assist as you prepare various petitions and applications. Strategic solutions are necessary to make sure that you properly navigate the multiple components of admission to the United States. This would include consular matters, ports of entry, and status upon admission.
Given the highly complex nature of both global businesses and immigration policies, several workforce emergencies and issues will likely arise every so often. A lawyer specializing in business immigration can help you deal with matters concerning the US Department of Justice (DOJ), the Fraud Detection and National Security Division of the USCIS Office, and enforcement actions of Homeland Security Investigations.
A business owner or immigrant will also need a lawyer to handles issues involving the US Immigration and Customs Enforcement (ICE), the US Department of State (DOS) consular offices worldwide, the US Department of Labor (DOL), the Board of Immigration Appeals (BIA), and federal and state courts.
Contact Our Law Firm Today
There are various types of visas appropriate for maintaining work authorizations of foreign nationals and proceeding with foreign and domestic operations, mergers, acquisitions, corporate restructurings, and divestitures.
If you have any legal questions related to both immigrant and non-immigrant visas, consular processing, and adjustment of status, conditional green cards, or removal of conditions, call our Texas immigration law firm today. Contact us at Luis F. Hess, PLLC, to consult with an experienced Shenandoah immigration attorney.