PRACTICE AREAS

Batrakova Law Business Immigration Portland Oregon

Whether TBLO is working with companies that on-board foreign national employees or individual foreign investors coming to the U.S. to open new affiliate or subsidiary offices, the caliber of immigration service, the proactive approach to each individual case and unmatched consistency ensures a positive experience for everyone involved in the immigration process. We provide our clients with insightful strategic advice and efficient solutions in the business immigration arena.

Irina Batrakova Family Based Immigration Portland Oregon

TBLO represents not only companies and foreign investors but also individual clients in marriage-based and relative petitions, Consular Processing, waivers and naturalization by bringing extensive experience in all aspects of family-based immigration law. We are responsive to our clients’ individual legal needs and provide insightful strategic advice and effective solutions to ensure a smooth and headache-free immigration experience.

Business Immigration: Nonimmigrant Options

L visas are available to employees of multi-national companies who (i) have specialized knowledge of the company; or (ii) are executives or managers of the company.  An individual can stay in the United States for a maximum of 5 years in the specialized knowledge category and a maximum of 7 years in the executive or manager category.  At the end of the stay, the person must leave the United States for 1 year before he or she can return on a new L or H visa.

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation. Currently, the law provides for an annual cap on the H-1B category which is 65,000 visas. Not all H-1B nonimmigrants are subject to this annual cap. The quota does not apply to renewals and certain other applicants. The law also exempts up to 20,000 foreign nationals holding a Master’s or higher degree from the cap.  In addition, excluded from the cap are all H-1B non-immigrants who work at (but not necessarily for) Universities and non-profit research facilities.  Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries.

The O-1 nonimmigrant visa is for the individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

Business travelers may enter the United States using a B-1, or “Visitor for Business” visa.  In practice these visas are invariably issued as jointly with B-2, or “Visitor for Pleasure” (i.e. tourist) visa.  Those entering on B visitor visas will generally be granted 6-months admission on entry. It may be possible to obtain a 6-month extension to the B-1/B-2 visa, as long as the candidate will be maintaining visitor status, and there are good reasons to do so.  It is sometimes possible to change status to another longer-term visa while in the U.S. as a visitor, as long as the candidate advised the relevant U.S. Embassy or Consulate of this possibility beforehand, or there was no pre-conceived intent to do so.

The TN nonimmigrant visa allows qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

The E-3 nonimmigrant visa applies only to nationals of Australia. You must be coming to the U.S. solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a Bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the U.S.

The E visa category is based upon a treaty of friendship, commerce and navigation, or a bilateral investment treaty.  Individual companies or citizens of a qualifying country may qualify for an E-2 Treaty Investor visa.  This visa category is truly designed for a small business owner and is intended to allow foreign nationals to come to the U.S. to purchase an existing or a new business, or engage in a joint business venture.

Business Immigration: Immigrant Options
  • PERM Labor Certification

  • Alternatives to Labor Certification: EB-1 petitions for multinational managers and executives, individuals of extraordinary ability, outstanding researchers and professors; national interest waiver; schedule A occupation

  • I-9 Compliance and Audit

Employment-based 5th preference category (EB-5) provides a method of obtaining permanent residence (green card) for foreign nationals who invest capital in the U.S. Foreign investor must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area”), creating or preserving at least 10 full-time jobs for U.S. workers, excluding the investor and his immediate family. Under the Pilot Program investment can be made directly in a job-generating commercial enterprise (new or existing), or into a “Regional Center,” a third-party-managed investment vehicle, which assumes the responsibility of creating the requisite jobs.

Family-Based Immigration
  • Adjustment of Status (Permanent Residence)
  • Removal of Conditions on Residence
  • Consular Processing
  • J-1 Two-Year Foreign Residence Requirement Waivers
  • 106A Provisional Unlawful Presence Waiver
  • New Obama Legislation: DACA and DAPA
  • B-1/B-2 Visitor Visa

The K-1 fiancé visa is available to foreign nationals interested in marrying U.S. citizens and residing permanently in the United States.  This visa type generally has shorter processing times compared to marriage-based immigrant visa petitions.  You are eligible for the K-1 fiancé visa if:

  • You and your fiancé are legally eligible to marry under the laws of your country as well as the laws of the United States;

  • You will marry the petitioning U.S. citizen within 90 days of entering the United States;

  • You intend to enter the United States solely for purposes of marrying the U.S. citizen;

  • You have met the U.S. citizen within the last two years before filing for the K-1 fiancé visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or would create extreme hardship for the petitioning U.S. citizen.

Your children may accompany you to the United States on a K-2 visa as long as they are named in the I-129F Petition for Alien Fiancé.

If you are a foreign national interested in pursuing education (academic studies and/or language training programs) in the United States, F-1 student visa would allow you to do that.  F-1 international students must maintain a full course of study and demonstrate financial ability to support themselves during their stay in the United States.  The opportunities for legal off-campus employment are limited when you are in F-1 student status.   F-1 visas are adjudicated directly at the U.S. Embassy/ Consulate of the foreign national’s home country.  However, a change of status from, for example, a B-1/B-2 visitor status is also available and may be filed with USCIS stateside.

There are numerous benefits to becoming a U.S. citizen, among some of them is one’s ability to help certain family members to immigrate to the U.S., being able to vote in elections, enjoying fewer travel restrictions that some countries have for U.S. citizens, being able to hold certain government jobs that are open only to U.S. citizens, and not being subject to the laws regarding the loss of the lawful permanent resident status.