Immigration and Visa Law

Immigration and Visa Law for Businesses

Is your company interested in hiring a foreign national? Are you considering sponsoring an immigrant through an employment visa?

Individuals and businesses interested in business immigration have many choices, all of which have specific rules and processes that must be followed. Therefore, it is important to speak with an attorney who’s experienced in both business law and immigration law. At MPL Law Firm, we provide legal services in these practice areas, as well as real estate and criminal law.

MPL Law Firm’s business immigration lawyers can help you add foreign talent to your workforce. We can also provide advice to individuals who wish to come to the U.S. on a non-immigrant or immigrant business visa.

We assist clients in securing employment-related non-immigrant visas,

U.S. employers who would like to hire foreign nationals on a temporary, non-immigrant basis generally follow the H-1B visa process. However, there are only a certain number of H-1B visas available every year. The options for non-immigrant business visas include:

  • H-1B visas: Businesses can petition for professionals in specialty occupations to enter the U.S. on a temporary employment basis. In order to be eligible for an H-1B visa, the foreign national must have at least a bachelor’s degree (or its equivalent), sponsorship from an employer, and highly specialized knowledge.
  • L-1 visas: A company may transfer certain employees from a foreign company to a U.S. company through an L-1 visa. Foreign nationals eligible for an L-1 visa include executives (L-1A), managers (L-1A), and long-term employees with specialized knowledge (L-1B).
  • E visas: E visas are available to foreign nationals who are coming to the U.S. to invest a substantial amount of money in a U.S. company (E-2 treaty investors) or carry on a substantial international trade (E-1 treaty traders) with a U.S. company.
  • O-1 visas:  Entertainers of extraordinary ability may obtain a non-immigrant visa to come to the U.S. temporarily to perform a service.

 employment-related immigrant visas,

Companies may also sponsor certain immigrants for green cards. Employment-related immigrant visas fall under the following preference system:

  • EB-1 visas: There are a set number of EB-1 green card visas available to foreign nationals with extraordinary ability in the sciences, arts, business, education or athletics; outstanding researchers and professors; and multinational executives and managers.
  • EB-2 visas: Businesses may petition for foreign nationals with advanced degrees or exceptional ability in the arts or sciences to immigrate to the U.S. through an EB-2 visa.
  • EB-3 visas: Skilled workers, professionals, and workers that perform unskilled labor in the U.S. can request a green card under the third preference.
  • EB-4 visas: These visas are available for certain religious workers who would like to immigrate to the U.S. to work as part of a nonprofit, religious organization.
  • EB-5 visas: In order to immigrate to the U.S. under an EB-5 visa, a foreign national must have invested $1 million in a U.S. business that creates jobs for a large number of American workers.

and labor certification/PERM.

Employers that are interested in hiring foreign workers on a full-time, permanent basis must go through the extensive PERM/labor certification process. This process includes proving, among other things that:

  • There are no U.S. workers available to perform the job, and the employer has gone through a bonafide U.S. job search.
  • The job is being offered with at least the prevailing wage.
  • Job requirements are not tailored to the foreign national’s specific abilities.

Our business immigration lawyers can help you follow all of the detailed requirements involved in the labor certification/PERM process.