Business Immigration & Professional Visas
Business Immigration Services for Growth & Innovation
The field of corporate or business immigration is vast. It is filled with opportunities and fraught with traps.
We have successfully dealt with every part of the non-immigrant business visa “alphabet” ranging from E to TN, but our corporate immigration work focuses on physicians (J-1 visa waiver and related residence categories), specialized occupation professionals in the H-1B visa category (or E-3 visa equivalent for Australian nationals) and intracompany transfers (L-1 visa).
Professional Visas & Business Immigration
H-1B Visa – Specialty Occupation
At the risk of bragging, we must say that there has not been an H-1B issue we have not seen or left unresolved if, resolution was possible. We have handled countless H-1B visa petitions and advised clients on complex H-1B issues involving M&As, transfers, AC-21, extensions, and CAP exempt qualification. We maintain close connections with various industry experts, educational equivalency evaluators and consultants and integrate their work products when needed to explain our case. We have lots of tools at our disposal and we don’t give up.
J-1 Visa – Waiver for Physicians
(International Medical Graduates)
L-1 Visa – Intracompany Transferees
This is a highly coveted business visa category limited to a select group of professionals who hold managerial, executive or specialized positions in multinational corporations. In many cases, having the “correct” job for the “right” employer is all it takes. We do a great job handling such L-1 visa cases. But that’s not where we shine. We excel in handling the “challenging” L-1 cases. For example, where the employer is too small, the industry is disfavored by USCIS, or the job category is challenging. We strongly believe L-1 visas were intended both for the mega-global companies and for new office/start-ups. With a proper strategy and careful execution, new office L-1 cases create tremendous opportunities for start-ups, bring innovation to the US and connect us with brave entrepreneurs. We are great at making new office L-1 visas happen!
O-1 Visa – Individuals with Extraordinary Ability or Achievement
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. People often mistake that the O-1 is only for the headliners and stars, but there are opportunities for people who do great work behind the scenes who may be extraordinary in other ways. This category often involves substantially more documentary evidence and preparation, and it is highly recommended that individuals who are interested have legal and professional representation. We are experts in carefully evaluating your individual qualifications and analyzing a path forward, if applicable. However, we will not sell you a pipedream if we do not believe the O-1 is appropriate.
R-1 – Religious Workers
An R-1 nonimmigrant is an alien who is coming to the United States temporarily to work at least part time as a minister or in a religious vocation or occupation and be employed by a Non-profit religious organization in the United States; Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; OR Non-profit organization which is affiliated with a religious denomination in the United States. You must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.
TN – NAFTA Professionals
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level (typically through direct employment with a US employer). Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. Each category has its own qualification requirements, and our experts are ready to find the right category for you, if applicable.
E-1 and E-2 Visa – Company Investors/Owners, Executives and Essential Employees
For E1 and E2 visa categories, the foreign national applicant must be a citizen of a country that maintains a treaty with the US. The US Department of State maintains the list of treaty countries here. (Link) E2 visas are investment-based, and E1 visa are based on cross-border trade. US company investors, owners and essential employees can qualify for E1 and E2 visas.
We have significant experience and expertise in providing immigration legal counsel so that these workers can obtain visas to work in the US. We excel in providing effective immigration counsel to clients with complex cases or lengthy immigration histories.
Workforce Enforcement & I-9 Compliance
U.S. employers must be consistently compliant with the requirements stated in the Labor Condition Application (“LCA”) with regards to maintenance of records such as Public Access Files. USCIS can conduct unannounced site visits to check these records or request a complete audit of the relevant files. Failure to comply can result in substantial fines for employers.
Employers also have an obligation to verify eligibility for employment for each employee by completing and maintaining an accurate I-9 Form. Though only three pages long, our experience shows that a typical large employer has a 10-15% error rate. This error rate goes up to 50% or more for smaller employers. As a matter of course, we train each of our clients and their human resources staff on I-9 completion. IGC offers periodic internal audits to ensure compliance with all I-9 regulations. Employers found in violation of Form I-9 can face severe financial penalties.
In collaboration with our client’s leadership team, we provide guidance on workplace investigation preparedness. A federal investigation by the Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HIS) is disruptive and potentially traumatic for the company’s employees. Employers can encounter immense difficulties as the result of a federal investigation if they do not have sound policies, procedures, and action plans in place if/when ICE or HSI knocks on their door. IGC provides guidance for planning and preparation so employers are not caught of guard and can properly protect their property and staff members.