BUSINESS IMMIGRATION
An immigration attorney can assist an employer seeking to bring in foreign workers in several critical ways:
Understanding Visa Options: They can provide guidance on the various visa categories available for foreign workers, such as H-1B for specialty occupations, L-1 for intra-company transferees, and other employment-based visas, helping the employer choose the most appropriate option.
Eligibility Assessment: The attorney assesses whether the employer and the foreign worker meet all requirements for the chosen visa, including job qualifications, labor market conditions, and compliance with immigration policies.
Labor Condition Application (LCA): For certain visas like the H-1B, attorneys help employers prepare and submit the required Labor Condition Application to the U.S. Department of Labor, ensuring that wage and workplace conditions are met.
Petition Preparation: They assist in preparing and filing the necessary petitions with U.S. Citizenship and Immigration Services (USCIS), such as Form I-129 for nonimmigrant workers, ensuring all details are accurately represented and required documentation is included.
Compliance with Immigration Laws: Attorneys provide advice on compliance with immigration laws and regulations, including maintaining proper documentation and understanding employer obligations regarding worker benefits and rights.
Navigating the Process: They guide employers through the entire process, advising on timelines, potential challenges, and best practices to avoid delays or denials of petitions.
Responding to Requests for Evidence (RFEs): If USCIS raises questions or requests additional information during the application process, immigration attorneys can respond effectively to these RFEs.
Assisting with Employment Verification: Attorneys can guide employers on how to conduct employment verification processes under the Form I-9 requirements, ensuring compliance with immigration regulations.
Permanent Residency Applications: If the goal is to transition foreign workers to permanent resident status (green cards), attorneys can assist with the appropriate processes, including labor certification and adjustment of status.
By working with an immigration attorney, employers can navigate the complexities of immigration law more effectively, ensuring a smoother process for bringing foreign workers to their organization.
INVESTMENT VISA
An immigration attorney can provide vital assistance to a client seeking an investment visa in the U.S., such as the EB-5 Immigrant Investor Program or E-2 Investor Visa. Here are several ways they can help:
Understanding Qualifying Investment Visas: The attorney can explain the different types of investment visas available (EB-5 vs. E-2), detailing the requirements, benefits, and processes for each option.
Eligibility Assessment: They assess the client’s financial situation and business plans to determine eligibility for the visa, including the type of investment and the source of funds.
Preparing Investment Documentation: Attorneys assist in compiling the necessary documentation to prove the investment’s legitimacy, including evidence of funds, a comprehensive business plan, and details about job creation (for EB-5).
Business Plan Development: For EB-5 applications, a thorough business plan is essential. Attorneys can either help develop the plan or work with consultants who specialize in creating plans that meet USCIS requirements.
Filing the Application: They prepare and file the required forms (such as Form I-526 for EB-5 or Form DS-160 for E-2), ensuring that all documentation is complete and meets USCIS standards.
Navigating Regional Centers: For the EB-5 visa, if the client opts to invest through a Regional Center, attorneys can assist in evaluating and choosing credible Regional Centers that meet the investment and job creation requirements.
Understanding Compliance Requirements: Attorneys guide clients on compliance with the ongoing requirements after obtaining the visa, including maintaining the investment and reporting obligations.
Responding to Requests for Evidence (RFEs): If USCIS requests additional documentation or clarification during the application process, attorneys can prepare an effective response to address these issues.
Transitioning to Permanent Residency: For clients seeking permanent residency through investment, attorneys can assist with the adjustment of status process once the initial visa is granted.
Post-Visa Support: They provide ongoing support and advice on any issues that may arise related to maintaining the visa status or transitioning to other immigration options.
By working with an immigration attorney, clients can navigate the complexities of securing an investment visa more effectively, increasing the likelihood of a successful application and ensuring compliance with U.S. immigration laws.