Employment Immigration Legal Services

The L-1 work visa and multinational executive visa process is one of the fastest and most convenient immigration routes to obtain a Green Card in the U.S. The L-1 visa in conjunction with the multinational executive visa allows foreign companies with existing subsidiary offices in the U.S. or those seeking to establish a new office to transfer executives and managers to live, work, and obtain residency in the U.S. The foreign employees to be transferred to the U.S. office must qualify as either executives, managers, or specialized knowledge personnel.

For companies with an existing office in the U.S. (open at least one year), the L-1 visa is issued for an initial period of three years. An extension can be made for executives and managers up to a total of seven years. For specialized personnel, this can be up to five years. When establishing new U.S. offices, the L-1 visa is utilized by foreign companies to provide immediate transfer of its key executives and managers to the U.S. to establish subsidiary operations. The initial L-1 visa is issued for only one year. Then, after nine months, an extension of the L-1 is made. If U.S. residency is desired upon approval of the L-1 extension, an application for a multinational (I-140) immigrant visa and U.S. residency application is filed. This allows the employees (and their qualifying family members) to gain U.S. residency.

The path to U.S. residency follows this step-by-step process:

1. You must apply for an L-1 visa and obtain approval. This can take 15 days.
2. For new U.S. offices (open less than one year), the L-1 worker receives a one-year visa which must be extended. In order to qualify for an L-1 extension, the new office must undertake full-scale operations with employees for nine months, and then apply for an extension of the L-1 extension. This is required 90 days before the first-year expiration). Processing time is 15 days.
3. For an existing U.S. office that has already been in full-scale operations with employees for at least one year, the L-1 worker receives a two-year visa. Once the L-1 is approved, if the L-1 worker is a manager or executive, the multinational executive immigrant visa and Green Card application can be filed. Green Cards are generally approved within a year.

Spouses and children (under age 21) of L-1 workers are issued L-2 visas. A great benefit of this type of visa is that spouses can work if an application for work authorization is made. Children can also legally attend school. Once the multinational executive immigrant visa is approved for the executive or manager, his or her spouse and children are also included in the U.S. residency application.

Generally, to qualify, the companies must prove that the requisite relationship exists by qualifying in one of two relationships:

1. Both the U.S. entity and the foreign company must be part of the same corporation, company, or entity
2. Either the foreign company or the U.S. company owns more than 50% of the other
3. Both the U.S. company and the foreign company are owned (more than 50%) by a third company or group
4. Either the U.S. company or the foreign company is owned (50%) by two joint-venture companies. The transferring company must have effective control over the other company.

To qualify as an L-1 worker, the petitioning U.S. company must show three things.

1. The employee worked abroad for the overseas company for a continuous period of one year in the preceding three-year period
2. The employee must have been employed abroad in an executive, managerial, or specialized knowledge position
3. The employee must be coming to the U.S. company to fill the capacity of either an executive, manager, or employee with specialized knowledge

While the L-1 is a very convenient work visa and a great vehicle for obtaining U.S. residency, it is also not the right choice for everyone. In recent years, the processing of L-1 visas has become very challenging due to tightening USCIS immigration policies. The first important issue to understand is that the U.S. company must be a real, operational company with an office, telephones, employees, occupational licenses, and full-scale business operations. Since immigration regulations only give a new U.S. company (sponsoring an L-1 worker) less than one year to operate before the L-1 visa extension must be filed for the L-1 worker, the extension request must include substantial evidence of business operations, including financial statements and tax returns, employee payroll records, bank statements, and so on.

To learn more about business immigration, contact us for a free same-day consultation. We’ll review your case and give you honest advice about the best path forward with an L-1 and multinational executive visa. We can go over your eligibility and prepare your case while handling all interactions with USCIS throughout the whole immigration process. We are excited to help you!

The H-1B nonimmigrant work visa allows foreign nationals to work temporarily in the United States for up to six years for a U.S. employer. During this time, many workers on H-1B visas obtain permanent residency or Green Card in the United States through sponsorship by their employer. This process requires the employer to file a labor certification application called a PERM, which is the first step in the process of obtaining residency.

As an added benefit, USCIS regulations allow certain foreign nationals who are the beneficiaries of labor certifications to continue to extend the H-1B work visa past the six-year limitation. After the labor certification and immigrant visa petition are approved, the Green Card application can be filed once an immigrant visa is available. For more information regarding labor certification, please contact us!

Family members of H-1B visa holders are issued H-4 visas. This allows family members to live in the U.S. and attend school but not work unless independently qualified in either the H-1B or another employment-based work visa category.

Once an H-1B Work visa is issued to you, you may change jobs and employers fairly easily without having to wait for a new H-1B petition approval. Regulations now only require that the new employer file an H-1B visa petition and receive the I-797 receipt for authorized employment to begin. However, to legally continue working for the new employer, the new H-1B must be approved. 

A further very beneficial provision allows for H-1B visa holders who have filed labor certification (for residency) to continue to extend the H-1B visa past the six-year limit until the case is approved. In this case, the labor certification must be filed at least 365 days before the sixth year of the H-1B. Of course, we recommend beginning as early as possible since the waiting times in many immigrant visa categories, such as that for bachelor’s degree categories, can take many years.

To qualify, you must be offered a job from a U.S. employer and the position offered to you must be a specialty occupation, meaning a professional position that requires a minimum of a bachelor’s degree or its equivalent. If you don’t have a university degree, documented work experience can be credited towards a university degree.

12 or more years of professional experience in a professional field can be the equivalent of a U.S. bachelor’s degree. All foreign degrees and equivalencies must be evaluated by a U.S. credential evaluation company. The evaluation company writes an official confirmation that your degrees and/or experience are equivalent to a U.S. bachelor’s degree or higher. The fees vary, depending upon whether you possess a university degree or have a combination of college and experience. Our firm takes care of arranging for a qualified credentials evaluation company to provide your evaluation once we receive a copy of your diploma(s) and transcripts.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a bachelor's degree and/or experience in finance management would not be qualified for a position as a fashion designer or chef but would qualify for a position offered in a bank, finance company, or a related field.

Once eligibility is established for both the employer company and the H-1B foreign national, Caroly Pedersen, Esq - American Immigration Law Centers will prepare the entire case from start to finish and submit it to the USCIS, requesting the approval of the H-1B visa. In order to properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show its company background, financial qualifications, as well as the background of the employee. Once the H-1B is approved, an application is made with the Social Security Administration for issuance of a social security number, which normally takes about two to three weeks to receive. H-1B visa holders are legally allowed to remain inside the U.S. and work for the sponsoring company during the full three-year period of the H-1B work visa and may extend for another three years.

To satisfy the immigration service's strict requirements for this type of visa based on your qualifications as a treaty investor, our attorneys will thoroughly review your case to determine eligibility, carefully prepare your petition, and submit it to the USCIS. To boost your case, we will emphasize your satisfaction of the regulations, including evidence to support or prove your eligibility. This could include your foreign company and U.S. enterprise documentation, as well as your essential skills and qualifications. 

Let us fully review your case with a free consultation. We offer honest advice that is personalized to your needs. You can trust us to prepare your case, gather documentation, handle USCIS, and represent you every step of the way. We look forward to working with you!

The TN visa is available to professionals who are citizens of Mexico or Canada under the North American Free Trade Agreement, otherwise known as NAFTA. This visa is a special non-immigration status available only to citizens of the United States, Canada, and Mexico. This was created by the North American Free Trade Agreement (NAFTA). TN visas allow Canadian and Mexican citizens the opportunity to work in the United States in many professional occupations for up to a period of three years. Renewals of TN visas can be done indefinitely as long as the TN worker continues to work for a qualifying U.S. employer.

During this time, many workers on TN visas obtain permanent residency in the United States through sponsorship by their employers. This process requires the employer to file a labor certification application called a PERM, which is the first step in the process of obtaining residency.

Spouses and minor children of TN professionals receive TD visas to live in the U.S. during the TN visa. This allows them to live in the U.S. and attend school, but they cannot engage in employment in the United States unless they are independently qualified in either the TN visa or another employment-based category.

For Canadians, the TN work visa can be approved at the border on the same day. For Mexicans, it can be approved within several days at the U.S. Consulate.

Once a TN work visa is issued to you, you may change jobs or employers fairly easily without having to wait for a TN work visa petition approval. Regulations now only require that the new employer file a TN work visa petition and receive the I-797 receipt for authorized employment to begin. However, for you to continue working for the new employer, the new TN work visa must be approved.

To qualify, you must be offered a job from a U.S. employer. You cannot form a company and act as your own employer. The position offered to you by the U.S. employer must be a professional occupation authorized under NAFTA. This means a professional position that requires a minimum of a bachelor's degree in most cases.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a bachelor's degree and/or experience in finance management would not be qualified for a position as a beautician or pastry chef. However, they would be qualified to work in a bank or with a finance company.

Canadian University degrees are accepted without the requirement for evaluation to a U.S. degree equivalency. However, Mexican citizens must hold a university title to fulfill the baccalaureate degree requirement. A “carta de pesante” is not sufficient for NAFTA professions that require a baccalaureate degree and must be evaluated by a credentials evaluation company. Further, all Mexican degrees and transcripts should be certified. Our firm will arrange for a qualified credentials evaluation company to provide your evaluation once we receive a copy of your diploma(s) and transcripts.

Once eligibility is established for both the employer company and prospective employee, Caroly Pedersen, Esq - American Immigration Law Centers will prepare the entire case for submission to either the Border Post or U.S. Consulate to obtain the TN visa. To properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show its company background and financial qualifications. We’ll also need to document the background of the employee. 

Once the TN visa is approved, an application is made with the Social Security Administration for the issuance of a Social Security number. This normally takes about two to three weeks to receive. TN visa holders are legally allowed to remain inside the U.S. and work for the sponsoring company during the full three-year period of the TN visa.

You can work and live in the U.S. with our business immigration support. Get a free intake consultation. We’ll talk about your case and provide advice about the best path forward for residency. To prepare your case, we’ll consider your qualifications and gather the required documentation. Then, we’ll represent you throughout the whole process. Let’s start your immigration journey today!

The R-1 visa is available to religious workers coming into the U.S. to work for a religious organization in a position of either a member of the clergy (religious vocations) or lay religious worker (such as administrators or teachers). The R-1 is generally issued for 30 months and can be extended for the same period for up to five years total. Once an R-1 religious worker in a religious vocation (minister, rabbi, and so on) has been working for the U.S. religious organization for at least two years in a paid position, the religious worker (and his or her family) is eligible to apply for U.S. residency or Green Card.

Accompanying spouses and minor children under age 21 of R-I visa holders automatically receive R-2 visas. This allows them to stay in the U.S. but not to work.

On November 21, 2008, USCIS made substantial changes to the R-1 religious worker program. These changes mandate USCIS church site inspections and tougher visa restrictions. At an inspection, USCIS may tour the facilities, interview organization officials, and review organization records relating to the organization’s compliance with immigration laws and regulations.

A religious vocation is defined as “a formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life.” Examples include nuns, monks, religious brothers, and religious sisters. The new law adds a new definition of minister. Under the rule, a minister is “an individual authorized by a religious denomination, and fully trained according to the denomination’s standards, to conduct religious worship and to perform other duties as usually performed by authorized members of the clergy of that denomination.” Lay preachers, without ordination, are not included in this definition.

Call us if you’re interested in a religious worker visa. We will go over your case with a free evaluation and provide you with honest advice and a clear path forward. To obtain residency for you, we will review your eligibility and prepare your case. We can be the team you trust for the entire process. We look forward to talking with you!