Law Firm For Business Immigration Process & Requirements

Permanent Investor Visa: EB-5 Visa

Foreign nationals looking to obtain permanent residency in the United States can do so through the EB-5 Visa program. It is a permanent Investor Visa that requires a minimum investment of $1.8 million in a qualifying U.S. commercial enterprise. Previously, the requirement was $1 million, but increased due to inflation.

Business Expansion Visa: L-1 Visa

L-1 Visa permits multinational companies to relocate executives, managers, and specialized knowledge employees. They are from foreign to U.S. offices for business expansion for up to seven years. The U.S. office must have a qualifying relationship with the foreign company, and the employee must have worked for the company for at least one year.

U.S. Corporate Immigration

Corporate immigration refers to the process of obtaining Visas and work permits for foreign nationals sponsored by a U.S. employer. It is also known as employment-based immigration. It also involves navigating the complex legal and regulatory requirements of U.S. immigration law, which can be a daunting task for employers and foreign nationals alike. Employers must comply with all applicable regulations and file the necessary paperwork on behalf of their foreign workers to ensure that they are authorized to work in the United States legally. Those who wish to hire foreign workers for permanent positions can sponsor their employees for immigrant Visas. There are several types of immigrant Visas available for skilled workers.

Visas For Employment-Based Immigration

Employment-based immigration is an option for those who want to live permanently in the United States. It is one of the main ways to obtain lawful permanent residency. Therefore, you must understand which preference category applies to your situation. Doing so makes it easier for you to provide proof and documentation for your application. Lozano Law Firm in San Antonio, Texas, assists employers and employees applying for an employment-based Visa in the following categories:

• EB-1a: For workers with extraordinary ability.
• EB-1b: For outstanding researchers and professors.
• EB-2: For professionals with advanced degrees or exceptional ability.
• EB-3: For skilled workers, professionals, and unskilled workers.
• EB-4: For religious workers and other special immigrants.
• EB-5: For immigrant investors creating jobs.

Visa attorneys help you navigate the complexities of the immigration process. They provide personalized assistance to increase the chances of a favorable outcome. Whether you are a skilled worker, a professor, or a religious worker, they have the experience and skills to help you obtain the appropriate employment-based Visa.

EB-5 Immigrant Investor Program

The EB-5 Visa is an immigrant Visa program created by the United States government to attract foreign investors and stimulate the U.S. economy. It provides a path to permanent residency, commonly known as a Green Card. Here’s an overview of the EB-5 Visa program and its requirements.

1. Investment Requirements. To qualify for the EB-5 Visa, foreign investors must make a significant capital investment in a new commercial enterprise. You can check the updated investment amount on the USCIS website.
2. Job Creation. The primary goal of the EB-5 program is to stimulate job creation in the United States. The investment must create or preserve at least 10 full-time jobs for qualified U.S. workers.
3. New Commercial Enterprise. The investment must be made in a new commercial enterprise, which refers to a for-profit business entity established after November 29, 1990. The enterprise can be a sole proprietorship, partnership, corporation, or limited liability company (LLC).
4. Source of Funds. Investors must demonstrate that they lawfully obtained the capital. You need to provide evidence that the funds can come from various legitimate sources, including personal savings, inheritance, business profits, or loans.
5. Conditional Permanent Residence. You are granted conditional permanent residency for a two-year period as an investor. Before the two-year period ends, however, you must file a petition to remove the conditions on your permanent residency.
6. Path to Citizenship. After the removal of conditions, you and your qualifying family members can apply for U.S. citizenship. You need to meet the requirements for naturalization such as residing in the United States for a specific period and passing the English and civics tests.

It’s important to note that the EB-5 Visa program has specific regulations and requirements, and the process can be complex. Prospective investors should consult with immigration attorneys or professionals specializing in EB-5 to ensure compliance with all the legal and financial aspects of the program. You must consult with a business immigration attorney to guide you through the process and ensure that your application is complete and accurate. The specific requirements and application process may vary depending on the Visa category you are seeking. But, how can employers assist professional workers to work physically in the United States?

EB-2 Visa For Professional Employees

EB-2 Visas are for foreign nationals with advanced degrees such as Masters, PhDs, JDs, or MDs. Further, highly skilled professionals like scientists and artists may also qualify for EB-2 Visas. If you plan to apply for an EB-2 Visa for your professional employees, you must obtain a labor certification from the government. This process requires you to draft or review job descriptions to meet the EB-2 criteria. An immigration attorney can provide information and guidance on how to proceed. Moreover, they can also explain to you how EB-2 Visa differs from EB-3, and who qualifies for it.

EB-3 Visa For Workers With Job Offer

EB-3 Visas have less stringent requirements than other categories. These are for foreign nationals with a permanent full-time job offer from a certified employer. To complete the process, you, as an employer, must prove that you attempted to hire an American worker. However, none were willing or able to take the job, which can be complicated. Different types of workers qualify for EB-3 Visas, including professional, skilled, and unskilled workers. Examples of professional workers are lawyers, architects, teachers, and engineers. Meanwhile, skilled workers include IT workers, journalists, and skilled tradespeople. Jobs that require less than two years to learn, such as housekeepers, nannies, and farmworkers fall under the unskilled worker category. The United States has a limit of 40,000 EB-3 Visas issued each year, with only 10,000 of these Visas going to unskilled workers. Depending on the country of origin of the job candidate, there may be additional restrictions on the number of available Visas. But what if an immigrant does not belong to the conventional immigration groups? That’s where EB-4 comes into the picture.

EB-4 Visa For Specific Eligible Groups

For special immigrants who do not fit into the standard immigration Visa categories, EB-4 Visas are designed for you. To be eligible for this Visa, the applicant or employee must meet the criteria of one of the EB-4 groups. Some of the eligible groups include:

• Individuals who have worked for a particular international organization and lived in the U.S. for an extended period.
• Members of the U.S. military who 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 non-profit religious organizations.

Each of these groups has its specific requirements for eligibility. Therefore, it’s best to consult with an immigration attorney to determine whether an EB-4 Visa is a suitable option for you or your employee. Additionally, the number of EB-4 Visas is limited. Moreover, the availability of a Visa may vary based on the country of origin, making it essential to start the application process as soon as possible. In line with this, if you have significant investment in the United States, you apply for an Investor Visa.

Lozano Law Firm Supports Businesses Across Borders

Lozano Law Firm in San Antonio TX can help businesses by providing legal guidance and assistance with Visa applications and labor certification. It has a team of experienced immigration lawyers to assist employers and investors by guiding and assisting them with complex legal processes and paperwork. Texas immigration lawyers assist in obtaining various Visas, such as EB-1, EB-2, EB-3, EB-4, and EB-5 Visas. They can also help employers navigate the requirements for hiring foreign workers and ensure compliance with immigration laws and regulations.

Summary

Immigration for economic growth in the United States is for innovation and entrepreneurship, increased consumer spending and tax contributions, and diversification. That’s why business immigration attorneys at Lozano Law Firm support investors in obtaining Visas and complying with immigration requirements. These include the different types available for investors, entrepreneurs, and skilled employees, and the requirements for obtaining them. The types of immigrant Visas for employers include EB-1a, EB-1b, EB-2, EB-3, EB-4, and EB-5. It is crucial to consult with an immigration attorney in San Antonio TX to guide you through the process and ensure that the application is complete and accurate.