The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa.
Our firm has successfully processed the following types of visas:
PERM – Petitions for employees
L-1 Intra-company Transfer
Petitioning for an Foreign National Employee – PERM
How can an employer petition for a Foreign National employee for a “Green Card”?
Most people are not aware, but a U.S. Employer has the ability to petition for his/her employee for permanent residency in the U.S. (“Green Card”). See 20 CFR 656. There are certain guidelines that must be followed, but a competent attorney can assist in this process.
PERM is the process for obtaining labor certification, which is the first step of the “green card” process for foreign nationals seeking permanent residence through their employment.
To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.
The employer must be prepared to hire the foreign worker on a full-time and permanent basis.
Can the employee include his spouse and children?
If the process is completed successfully, the employee will be able to obtain permanent residency here in the U.S. A highlight of this process is that the “employee” will be able to include his spouse and children (under 18 years of age and unmarried), which would qualify them for residency through the same petition.
For more information, please contact our office to speak with an experienced attorney.
L-1 Intra-Company Transfers
Below, we will give some insight into the L-1 visa. This is one of our most successful application for businesses that are abroad, and wish to establish residence in the U.S. The L-1 visa allows for certain employees of said business to come into the U.S. on a visa and potentially earn permanent residency in the U.S.
Is My foreign Business or Investment an Option to gain U.S. Residency?
If you are an investor and need assistance in processing the purchase of the business, our firm can assist. Now is the time to invest in the United States!! We not only provide you with assistance in negotiating the terms of the purchase, but make sure your interests are entirely protected throughout the process. As many investors are new to United States, they may not be fully aware of the potentials pitfalls one may encounter when purchasing a business or establishing a U.S. Branch in the U.S. Below are some options you may consider:
Does your company overseas, want to establish a U.S. Branch? If so, the L-1 Visa can lead to permanent residency for you and certain employees
There is a special visa available for companies that wish to expand operations into the United States by opening a branch, a warehouse or an office.
This visa, known as the L1 visa, is one of the most popular -- especially since it can lead to permanent residency!
The general requirements are as follows:
Company Requirements – Must be a "Qualifying Organization"
The foreign company must have been in operation for at least (1) year and must remain in operation at all times after the opening of the US division;
A qualifying organization may include a branch of the same employer, or a parent, subsidiary, or affiliate;
New offices must submit additional evidence, including a business plan, and must show progress on start-up activities after one year.
The annual sales volume or gross revenues of the foreign company ideally should exceed $250,000;
Ideally, the foreign company should employ at least (3) individuals;
One must be able to demonstrate that the foreign company is successful, in good standing, financially solid, that expansion into the United States will not negatively affect its foreign operations, and that the expansion will eventually create jobs for US workers.
Categories of Workers Eligible to be Transferred to U.S. Operation
Owners - Must be either the sole owner or a majority shareholder.
Executives - Includes the President, Vice-President, Secretary, or Treasurer of the company.
Managers, Upper Level - Should be General Managers, Sales Managers, Production Managers, etc. (First-line supervisors generally do not qualify).
Specialized Knowledge Workers - Must have special knowledge specific to the product or the company.
The visa applicant must have worked for the foreign company for at least (1) out of the last (3) years; and
The visa applicant's presence in the United States is essential to the success and the smooth operation of the U.S. company.
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