Experienced business immigration lawyer offering 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 onboarded 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 is focused on business immigration legal services.
Your business is counting on successfully navigating the intricacies of the U.S. business immigration process. You need an immigration attorney experienced in an extensive array of business immigration legal services. TBLO specializes in business immigration law, and our immigration attorney is dedicated to achieving the best outcome possible for our clients, as we work collaboratively through the visa application process.
H-1B Visa: Specialty Occupation Employees
The H-1B Visa 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.
L1 Visa: Intracompany Transferee Visa
The L1 visa is 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.
Our immigration business lawyer specializes in the development of appropriate strategies to facilitate the international transfer of skilled employees and securing of permanent residence (PERM and Labor Certifications).
H-2B Visa: Temporary Non-agricultural Labor Visa
The H-2B Visa is a temporary non-agricultural labor visa for employers looking to utilize business immigration to hire foreign nationals to perform temporary services or labor on a one-time, seasonal, peak load or intermittent basis.
Only the nationals of the countries that are on the H-2B visa list may apply for the visa. This is why planning is essential, as well as working with an experienced employment-based immigration attorney who can walk you through the process and the steps involved.
The H-2B Visa recently has been more competitive than previous years. More employers are seeking non-agricultural foreign workers and the cap gets reached quickly. There is an annual cap of 66,000 H-2B visas, with 33,000 visas available the first part of the year starting on April 1st and the second cap of the remainder 33,000 available starting on October 1st.
TN Visa: NAFTA Professionals
The TN visa is a non-immigrant visa for NAFTA professionals that 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 Visa: Specialty occupation for Australians
The E3 visa is a non-immigrant visa that 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.
O1 Visa: Extraordinary ability in the sciences, arts, education, business or athletics
The O1 visa is a non-immigrant visa 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.
B1 Visa: Business Visitors
Business travelers may enter the United States using a B1 visa, 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.
Alternatives to Labor Certification: EB1 visa petitions for multinational managers and executives, individuals of extraordinary ability, outstanding researchers and professors; national interest waiver; schedule A occupations.
U.S. business immigration law is confusing and time-consuming.
Navigating your foreign worker visa application through the complexities of U.S. business immigration law can be confusing and time consuming. Our immigration attorney has helped countless employers to successfully bring their foreign employees into the United States. Contact TBLO to speak with an experienced business immigration lawyer and we can help your company, too.
Your Portland Immigration Attorney
Firm founder, and native of Russia, Irina Batrakova understands immigration struggles first-hand. As an immigration attorney, she has helped individuals from over 70 countries to gain legal, working status in the United States.