Business Immigration

Business Immigration Services

Business Immigration

Sotelo Immigration Law Group is a comprehensive immigration law firm that delivers trusted global immigration services to the most dynamic employers in the United States and worldwide. We know all the ins and outs to properly position your company and the foreign employee to succeed in the U.S. Whether we are responding to simple or complex inquiries, we know the development of strategic and resourceful solutions is key to success in this challenging global economy. We know that time is of the essence when it comes to bringing specialized employees to the United States in an efficient manner. We understand the need for personalized, one-on-one attention to bring about the best outcome.

  • Work permits and visas
  • Temporary, long-term and permanent residency options worldwide
  • U.S. immigration policy development
  • Form I-9 and E-Verify support
  • U.S. immigration compliance audits and training initiatives to provide with the information you need to ensure your organization complies with all the rules and regulations associated with the Form I-9, understand what constitutes proper documentation, best practices for record-keeping, and methods for conducting self-audits.
  • Strategic business formation and structuring for the U.S market and workforce
  • Critical immigration support for mergers and acquisitions

EB-1: Priority Workers: The EB-1 is the first preference visa for workers who are seeking permanent residency through employment. Given that this visa is restricted to high-priority workers it is quicker to receive than the other four employment-based green card categories, but it is also highly competitive. This visa is available to immigrants who possess extraordinary abilities in their professional fields within the arts, sciences, education, business, and sports. There are two additional categories for outstanding researchers and professors, or managers or executive transferees. The primary benefit of the EB-1A category is that applicants can petition for themselves since a job offer is not a requirement. To qualify, the applicant must plan to continue working in their field of expertise after becoming a permanent resident of the United States. 

To satisfy the application criteria for this case, they must provide at least three of the following:

  • Evidence of less prestigious national or international awards
  • Proof of membership in prestigious organizations within their field
  • Documentation showing, they have contributed significantly to their field
  • Documentation showing achievements have been promoted by the media or by major trade publications

In addition to this list of requirements, proof of a high salary can often strengthen an application.

Application Process:

  • Once all evidence has been gathered, the applicant may self-petition by completing the USCIS I-140 Petition Form.
  • After this form is approved, the applicant must submit an I-485 Application to change their status to EB-1A.
  • If this application is approved, legal and permanent U.S. citizenship will be granted.

The EB-1B category requires that the applicant must exhibit a highly accomplished record in a scientific or scholarly field. Additionally, their employment offer must be from a university or institution of higher education.

Qualifications:

  • The applicant must provide evidence of international accomplishments
  • They must have at least three years of experience as a teacher
  • They must have received tenure, or a tenure-track offer of employment from their sponsoring institutions

There are a few ways to prove international acknowledgement within their field by including evidence of at least two of the following:

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Prestigious prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-1C: The EB-1C visa is reserved for the most skilled and proficient executives and managers. For employers, there must be a qualifying corporate relationship between the U.S. employer and the foreign company. There are certain qualifications that must be met by the employer and employee. The employer must be attached to a U.S. parent, subsidiary, or affiliate of the foreign company. The company must have existed in the U.S for at least one year as a legal entity and have the intent to employ the EB-1C recipient in a managerial or executive capacity. The employer must be able to provide evidence that they can pay the offered wage by showing their federal income tax return, annual report, or audited financial statement.

If the employee are outside the U.S. they must go through consular processing. This involves making an appointment with the U.S. Embassy or Consulate in their home country. The adjustment of status is another way an employee can qualify for the EB-1C category.

EB-2: The employment-based, second preference visa is available to individuals who are members of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Each of these two subcategories come with their own set of requirements.

U.S. employers must seek Labor Certification from the U.S. Department of Labor to confirm that there are not available and adequate workers in the U.S. to fill the positions. Employers will petition on behalf of the worker who is a professional holding an advanced degree or a foreign national with exceptional ability who has received a job offer and obtained labor certification.

Applicants with an advanced degree will need to show documentation of their academic record; OR their official academic record of a bachelor’s degree and letters from current or former employers demonstrating at least five years of progressive work in their prospective field after obtaining their degree.

Applicants with exceptional ability must meet at least three of the following criteria below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

The National Interest Waiver is an avenue to bypass the Labor Certification requirement if there is evidence to show it will be in the best interest of the United States. It must be proven by supporting documents that their work will be a benefit to the nation.

EB-3: The Employment-Based Third preference category of visa is made of three classifications of workers that includes professional, skilled, and unskilled workers. A professional worker possesses a U.S. baccalaureate degree or foreign degree equivalent. In order to establish that the person is a member of a certain profession, proof must be submitted showing that entry into the occupation requires the minimum of a bachelor’s degree. A skilled worker has at least two years of job experience or training in the prospective field that is not of a temporary or seasonal nature.  There must not be qualified US workers available fill the position. An unskilled worker is a person who meets the educational and work experience required for the job. They can perform labor that does not require more than two years training or experience that is not of a temporary or seasonal nature.

Application Process:

EB-4: To be eligible, a person must be a member of a religious denomination and been utilized as a religious laborer for two years after the age of 14. They must be intending to work as it were for a nonprofit organization of the same religious group. This employment-based visa handles religious workers differently because there is an investigation into their authenticity due to high rates of fraud within this specialized area. It is generally intended for members of a non-profit religious denomination in the United States; however, the category can cover a broad range of applicants such as:

E-1/E-2: The E-1 and E-2 visas are designed to allow citizens from treaty countries to move to the United States temporarily for specific business purposes. Treaty Traders/Investors must be entering the United States to either engage in substantial trade or develop and direct the operations of an enterprise in which a substantial amount of capital has been invested. Substantial trade has been defined as sizeable and continuing volume. A substantial amount of capital is an investment that is enough to ensure the successful operation of an enterprise. The visa applicant must own at least 50% of the business, and either their high-ranking position in the company or investment will qualify them. The E-1 Visa is applicable to business owners, managers, executives, and essential employees who are required to stay in the United States for extended periods to supervise or work for a company that is involved with trade between the United States and the treaty country. Trades that may qualify for an E1 visa can include business in services or technology, for example international banking or even tourism. The E-2 visa differs since it will be applicable to companies that have received an investment or are in the process of receiving a substantial investment. The investment involved must place bona fide capital at commercial risk with a profit objective and be subject to loss if the investment fails. The North American Free Trade Agreement (NAFTA) is allowed to be used for the qualifications in both the E-1 and E-2 visas. However, the Bilateral Investment Treaties (BIT) will only apply to the E-2 visa.

An application for an E1 visa must be filed with the appropriate fee payment, and evidence that:

  • The applicant is a national of a country with whom the US has the requisite treaty or agreement;
  • The trade is of a substantial nature, i.e. an amount of trade sufficient to ensure a continuous flow of trade items between the US and the treaty country;
  • The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the US and treaty country when over 50% of the volume of international trade conducted by the alien treaty trader is between the US and treaty country of which the alien is a national;
  • If the applicant is not the principal trader, that the alien is employed in a supervisory or executive capacity or possesses special qualifications that make the alien’s services essential to the successful and efficient operation of the enterprise.
  • The applicant intends to depart the US upon the expiration of E-1 status. (However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.)
  • The employee has the same nationality as the principal alien employer.
  • The alien employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.

An application for E2 visas must be filed with the appropriate fee payment, and evidence that:

  • The visa investor is a national of a country with whom the US has the requisite treaty or agreement;
  • The investor (or employees of a treaty investor) will direct or develop the company. The investor must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
  • The investor has invested in or is actively in the process of investing in the enterprise;
  • The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  • The investment enterprise is not a marginal enterprise;
  • If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
  • The applicant intends to depart the US upon the expiration of E-2 status.

List of treaty countries: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html