San Antonio Corporate Immigration Law Firm for Business-Based Immigration Matters
For corporations, family-owned enterprises and other businesses in San Antonio, San Angelo, Houston, Austin, Eagle Pass, Laredo, or NATIONWIDE, The Lozano Law Firm, PLLC provides a skilled and experienced business immigration attorney to help you with all of your employment-based and business-based immigration needs. From filling your employment needs through immigrant and non-immigrant visas to obtaining labor certifications and maintaining compliance with eligibility verification and other immigration requirements, The Lozano Law Firm, PLLC is here to assist you.
Some workers wish to travel to the United States only for a temporary period, while maintaining a permanent residence in their home country. We can help these workers obtain a non-immigrant visa that will allow them to reside in the U.S. from just a few days up to several years, according to your needs. For workers here on a longer stay, we can help bring over a spouse and children with derivative visas, or even obtain dual status for the worker and then apply for a green card and permanent residency.
Legally acquiring those papers or proper documentation for immigration status is how we help our clients improve both their lives and workforces.
Helping Companies and Individuals Get Immigrant Visas Based on Employment
For people who desire from the outset to make America their home, employment-based immigration is one of the main paths to lawful permanent residence, along with family-based immigration. Acquiring an immigrant visa requires understanding which preference category you belong to, as well as providing the appropriate evidence and documentation to support the particular application.
We match employers with employees in all of the following employment-based categories:
- EB-1a: Priority for workers of extraordinary ability
- EB-1b: Priority for outstanding researchers and professors
- EB-2: Professionals with advanced degrees or exceptional ability
- EB-3: Skilled workers, professionals and unskilled workers
- EB-4: Religious workers and other special immigrants
- EB-5: Immigrant investors creating jobs
Do I Need a Job Offer to Get a Business Immigration Visa?
Not every business immigration visa is tied to a full-time offer of employment. For example, certain highly-qualified and talented scientists, researchers, athletes, and artists can self-apply for a visa. However, having a valid, full-time job offer can certainly help your chances. And certain types of visas, such as EB-3 visas are directly linked to your employer.
If your visa is connected to an employer and you’re laid off or terminated before you get legal permanent residency, you typically have 60 days to find another position. Contact a business immigration attorney if you’re concerned that your immigration status is in danger. A lawyer can help you understand all of the grace periods that might apply in your case.
Who Is a Worker of Extraordinary Ability?
When it distributes business immigration visas, the United States gives preference to immigrants with extraordinary ability and other highly-trained workers. Priority workers include the following:
- Workers of extraordinary ability: recognized leaders in the arts, sciences, business, athletics, or education. Workers of extraordinary ability can file for an EB-1a visa on their own and do not need a pending job offer from a U.S. employer. However, an employer can file for an EB-1A visa on a worker’s behalf.
- Executives and managers that are transferring to the U.S.: multinational companies can request visas for their existing executives and managers that need to transfer to the United State for work.
- Respected university professors and researchers: you must have at least three years experience in your field and have a permanent, tenure-track job offer from a qualified university or institution.
How Do I Get Visas for my Professional Employees?
EB-2 visas grant legal immigration status to foreign nationals who have advanced degrees, such as a Master’s degree, Ph.D., J.D., or M.D. Certain highly skilled professionals, such as scientists and artists, might also qualify for EB-2 visas.
However, if you’re planning on applying for EB-2 visas for your professional employees, you must first obtain a labor certification from the government. You’ll need to carefully draft or review the job descriptions to ensure that they meet the EB-2 criteria. For more information, consult with a business immigration attorney at our office.
Who Qualifies for an EB-3 Visa?
Compared to the other business immigration visas, EB-3 visas have less demanding requirements. They are available to foreign nationals with permanent, full-time job offers from a certified employer. To complete this process, the employer must first prove that they attempted to hire an American worker, but none were willing or able to take the job. This process can be quite complicated. Consult with a business immigration lawyer if you have questions about labor certification and EB-3 visas.
A wide variety of workers qualify for EB-3 worker visas:
- Professional workers: such as lawyers, architects, teachers, and engineers
- Skilled workers: such as IT workers, journalists, and skilled tradespeople
- Unskilled workers: jobs that require less than two years to learn, such as housekeepers, nannies, and farmworkers
The U.S. limits the number of EB-3 visas it issues each year to 40,000. Only 10,000 of these visas can go to unskilled workers. Depending on where your job candidate is from, there might be additional limitations on the number of available visas.
If you have questions about EB-3 visas, contact The Lozano Law Firm, PLLC. An experienced business immigration lawyer can help you assess your options and build a comprehensive immigration strategy, as well as obtain the necessary labor certifications, and ensure your compliance with federal immigration law. To learn more about our approach to EB-3 visas, call us today.
How Do I Get a Special Immigrant Visa?
Special immigrant (EB-4) visas are given to a variety of immigrants who don’t easily fit into the more traditional business immigration visa groups. To qualify, you must show that you or your employee fit into one of the EB-4 groups. They include the following:
- Individuals who worked for specific international organizations and lived in the U.S. for an extended period
- Members of the U.S. military that enlisted outside the country and received an honorable discharge after 12 years of active duty service
- Foreign nationals who worked for the U.S. government for at least 15 years
- Religious workers, such as clergy members and people who work for nonprofit, religious organizations
Children can also receive EB-4 visas, but they are not related to employment.
For more information about clergy and special immigrant visas, contact a business immigration attorney at The Lozano Law Firm, PLLC.
How Do I Qualify for an Investor Visa?
Investor (EB-5) visas are available to individuals who invest significant amounts of money in the United States as well as create jobs within the country. However, the government carefully scrutinizes investor visa applications and limits them to 10,000 per year. You might qualify for an EB-5 visa if you do one of the following:
- Invest $500,000 in a regional center that creates jobs in an area with high unemployment
- Invest $1 million in the United States
You must fund the entire investment; the money must also have been legally obtained.
There are numerous other requirements for investor visas. For example, you typically cannot be a silent partner in the company. Due to the complexity of EB-4 visas, you should always consult with an experienced business immigration attorney before you start your visa application. A lawyer can help you assess your eligibility, build an immigration strategy that meets your needs, and guide you through the complex process of filing for an investor visa.
Non-Immigrant Visas Can Help Supplement Your Workforce
In addition to immigrant visas for employment, we assist businesses with non-immigrant visas for certain workers and strive to meet a company’s immigration needs in all of the following areas:
- H-1B Visas to recruit and hire employees in specialty occupations, such as software engineers and IT professionals, for a six-year period. H1-B visas applicants typically must have at least a bachelor’s degree or its equivalent.
- PERM Labor Certifications to fill long-term positions with qualified and available workers
- Foreign Worker Visas for individuals in specialty occupations, religious workers, intracompany transfers, and more
- Investor Visas for treaty traders and treaty investors, and to obtain permanent residency based on investment in a commercial enterprise
- Employer Compliance with I-9 employment eligibility verification as well as ICE audits and investigations
Get Help With Your Business-Based Immigration Needs From a Board-Certified Immigration Lawyer in Texas
Immigration attorney Alfredo Lozano is board certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. He has the knowledge, skills, and abilities to help you meet both your business-based and employment-based immigration needs, as well as help you to succeed in reaching your business goals. For help with business-related immigration matters in San Antonio, Houston, Austin, San Angelo, Eagle Pass, Laredo, or NATIONWIDE, contact The Lozano Law Firm, PLLC.