By: David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq.
and Samantha Oberstein, Esq. Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. The in-house counsel frequently needs to deal with numerous visa issues. These issues can be about the I-9 audit, deciding to move in an employee from a foreign corporation, or forming strategies to handle the expiration of a work permit for graduates. The laws around immigration are complex and full of acronyms. For an average person, it is like trying to navigate a labyrinth. However, as an in-house counsel, you must often make sense of the chaos and provide quality legal advice. You need to ensure that your company follows the law and complies with all regulations. Purpose of Entry One crucial question to understand the visa category is to identify the purpose for the entry. For instance, a person may enter to reunite with their family, work on temporary assignments, attend school, make an investment, or move in for a permanent job, just to name a few. Should the nature of the travel be temporary, the individual must be able to demonstrate this at both the consulate and at entry. Non-Immigrant Visas The non-immigrant visas are typically provided to those who wish to enter the United States for a temporary stay. They are typically for a finite period, and the entrant is not eligible remain in the U.S. permanently. For in-house counsels, it is important to understand the requirements for each of these non-immigrant visas. Here are some essential categories: Non-Immigrant Business Visitor The business visitor visa is specially designed for those intending to enter the US for a short-term stay. The entrant should not be involved in any form of employment or remuneration, and their visit should be strictly limited to attending conferences, business meetings, and other similar activities. Non-Immigrant Temporary Employment This visa is designed for those who wish to enter the US for a temporary and specific purpose. There are two categories for this type of visa. The H1-B visa is for those deemed to possess ‘specialty occupations,’ while the L1-A visa is for those at higher designations, such as managers or executives that are being transferred to the U.S. from a foreign affiliate or branch office. Immigrant Visas If an entrant wishes to move into the United States permanently, they must apply for an immigrant visa. This category is designed for those wishing to enter the US to work permanently. The most common types of immigrant visas are: Immigrant Employment-Based Green Cards The employment-based green cards are typically provided to those with exceptional skills or qualifications. Every year, 140,000 individuals have the chance to become green card holders if they fall into one of the following categories: - EB-1-1: Individuals with Exceptional Talents in Business, Science, Education, Arts, or Athletics - EB-1-2: Exceptional Researchers and Professors - EB-1-3: Multinational Executives or Managers - EB-2: Professionals Holding Advanced Degrees - EB-3: Skilled and Unskilled Workers - EB-4: Special Immigrants - EB-5: Investors PERM Obtaining a green card primarily involves applying through the Labor Certification process, otherwise known as PERM. Before filing for the green card, the organization must: - Make credible attempts to hire qualified American workers - Obtain a Labor Department certification - Show there are not enough workers in the US who have the skills, desire, qualifications and ability to start work immediately at the workplace Capital Investment (EB-5) The Green Card can be applied through capital investment. However, to become eligible, the investment must range between $800,000 and $1,800,000, depending on the investment location and type. Each EB-5 application for the Green Card must ensure ten American jobs have been created through the investments. Final Thoughts Understanding the different visa options is important for anyone looking to enter the US on a temporary or permanent basis. Immigration lawyers are experts in helping applicants through the process, ensuring their eligibility, and successfully applying for immigration benefits. Overall, navigating US immigration policies can be overwhelming, but it can also open up a world of opportunities in the United States. About Us If you have any questions about how immigration and nationality laws in the United States may impact you or your clients, please get in touch with our immigration lawyers at NPZ Law Group. We will be happy to supply you with the necessary information regarding the United States or Canadian immigration and nationality laws. You may email us at [email protected] or call us at 201-670-0006 extension 204. In addition, we invite you to find more information on our website at www.visaserve.com
1 Comment
7/17/2024 02:48:26 am
Thanks for this helpful breakdown of US visa categories! As a lawyer, I can definitely relate to the idea that immigration law can feel like navigating a labyrinth. There's a ton of acronyms and nuances, but understanding the basics is so important for businesses and individuals alike.
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