LET THE BUSINESS IMMIGRATION LAWYERS AT GARDNER & MENDOZA HELP YOU FIND THE RIGHT EMPLOYMENT VISA FOR YOUR EMPLOYEES.
Running your business efficiently is hard enough in these tough economic times without having to worry about whether you and your key employees are filing the right USCIS applications. Let our business immigration law experts help you figure out which employment visa is best suited for the employees you have and the employees you want to hire.
GREEN CARD THROUGH EMPLOYMENT – PERM, I-140 – Petition for Alien Worker, I-485 – Adjustment of Status Application
Let our business immigration lawyers assist your company and employee with your PERM case. We will walk you through each step, including Prevailing Wage Determination, Advertisement Posting and submitting your Form 9089 to the Department of Labor. Once your labor certification is certified, we will file the I-140 with all supporting documents such as ability to pay the prevailing wage and finally, assist your employee and his or her family members with the preparing and filing of the green card application (I-485). Our business immigration attorneys will be there every step of the way through the PERM process.
We have assisted small and multi-national companies alike, universities and public school districts, and families with their PERM cases. Speak to one of our attorneys today for a consultation about any questions that you may have about PERM.
Employment-Based Immigration First Preference (EB-1)
The EB-1 Visa is an employment-based visa that allows for “priority workers” to remain permanently in the U.S. Those interested in obtaining an EB-1 Visa must fall into at least one of the one following occupational categories:
· Have extraordinary ability;
· Are an outstanding professor or researcher;
· Are a multinational executive or manager.
The below chart from USCIS contains eligibility criteria for each of the three occupational categories as they are different.
|Extraordinary Ability||You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.||You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
|Outstanding professors and researchers||You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.||You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.|
|Multinational manager or executive||You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.||Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
National Interest Waiver (NIW)
National Interest Waivers fall under the Employment-Based Immigration Second Preference EB-2 umbrella. Those eligible for NIW possess “exceptional ability” whose employment in the U.S. would significantly benefit the nation. This petition essentially “waives” the Labor Certifications typically required for foreign aliens. This waiver does not require employer sponsorship so eligible applicants may self-petition.
H-1B – SPECIALIZED WORKER
Does your company, university or school district need to hire a specialized worker? Let our H-1B lawyers assist you and your employee. We will prepare and file the LCA (Labor Condition Application) and I-129 and all supplement forms with the correct fees to USCIS. We will also assist you with your company’s support letter for your H-1B employee and make sure that your employee’s foreign diploma and/or work history and experience is properly evaluated.
H-3 – TRAINEE
The immigration attorneys at Gardner & Mendoza can help your company organize your company training program to allow you to sponsor trainees from abroad. We will help you document the establishment of your training program and fulfill other requirements of the H3 Visa, such as proving that the training you offer is not offered in the prospective trainee’s home country or abroad.
L-1A AND L-1B – INTRA-COMPANY TRANSFERREE
Is your foreign company abroad looking to do business with a start-up in the U.S.? Our immigration attorneys specialize in helping companies abroad start businesses in the U.S. by transferring a key employee or key employees to the U.S. to get your start-up U.S. business off the ground and running. If you already have an existing business in the U.S., we can help you bring employees to the U.S. through an L1A visa or an L1B visa. We have been successful in bringing a sole employee/owner of a company abroad to the U.S. for a start-up as well as Executives of large companies. Whether your overseas operation is large or small, our lawyers can help you with the L1A and L1B visas.
O-1 VISA – EXTRAORDINARY WORKER
Proving to USCIS that an employer qualifies for the O-1 visa, extraordinary worker, is difficult, but our immigration lawyers have had numerous successes in getting the O-1 Visa for clients. We know what it takes to get an O-1 visa approval, the standards and the extensive documentation required. A detailed look at the O-1 employee professional work history and achievements is required.