Business Immigration
Efficient solutions, strategic advice.
Onboarding foreign talent is a big job. You are ready to get started but the complicated legal process is frustrating and takes time. An experienced business immigration lawyer can provide you with insightful strategic advice and efficient solutions to speed up the process and get the talented and qualified people on-boarded faster. Whether you are an employer or a prospective employee, The Batrakova Law Office (TBLO) will walk with you through the process of applying for non-immigrant business visas, as well as permanent resident status in the U.S.
TBLO provides these business immigration legal services:
- Development of appropriate strategies to facilitate the international transfer of skilled employees (L-1A and L-1B visa), securing temporary employment visas (H-1B visa) and permanent residence (PERM and Labor Certifications).
- 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 occupations.
- Alternatives to H-1B Visa: B-1 visitor for business; O-1 extraordinary ability in arts, sciences, business and athletics; and J-1 trainees.
- Country-specific work visas: TN NAFTA Professionals for Canada and Mexico; and E-3 Specialty Occupation Professionals from Australia.
- Temporary non-agricultural labor visa for employers looking to hire foreign nationals to perform temporary services or labor on a one-time, seasonal, peak load or intermittent basis (H-2B Visa).
- Legal advice and guidance to small, mid-size and large companies on the issues of immigration and compliance (I-9 Compliance and Audit).
The U.S. immigration process is time-consuming.
Navigating the process of business immigration can be confusing and time consuming. TBLO has helped countless employers to successfully bring their foreign employees into the U.S., and can help your company too.
At TBLO, we are:
Responsive
Straightforward
Compassionate
Get in touch to start your journey.
TBLO has earned a reputation for being responsive to our clients and their legal immigration needs. We respond to inquiries and questions the same day or within 24 hours.
Types of Business Immigration
H-1B Specialty Occupation Employees
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 non-immigrants 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.
L-1 Intracompany transferee visa for executives/ managers and specialized knowledge employees
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.
O-1 Extraordinary ability in the sciences, arts, education, business or athletics
The O-1 non-immigrant 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.
TN NAFTA Professionals
The TN non-immigrant 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 non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
E-3 Specialty occupation for Australians
The E-3 non-immigrant 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.
B-1 Business Visitors
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 preconceived intent to do so.