Business Based Visas
If you are an immigrant who is in the process of moving to the United States, we know that navigating the process involved in obtaining business based visas is a very complex task. Here at Karlin & Karlin, we have over 35 years of experience in immigration law. Our record speaks for itself in successfully handling numerous immigration cases over the years.
Main Steps in Obtaining Business Based Visas
When it comes to the complexities of business-based visas, there are several preference categories in which these visas are divided. Some immigrant spouses and children can follow suit with family-based visas. The following includes some of the main steps in obtaining business based visas:
1. Labor certification and petition filing: in order to obtain an immigrant visa under some employment based categories, the prospective agent or employer of the applicant must first retrieve the Department of Labor’s certification approval. Then, if required, the employer or yourself, depending on the situation, must file Form I-140, an Immigrant Petition for Alien Worker, with the US Citizenship and Immigration Citizenship and Immigration Services (USCIS). This is for the appropriate category regarding the employment-based preferences.
2. Priority Workers- Employment first preference (E1): they receive 28.6 percent of the employment-based immigrant visas’ annual global limit. Also, no labor certification is required for the priority worker subgroups, including extraordinary talented persons in arts, sciences, education, athletics, or business; outstanding researchers and professors with a minimum of three years experience in research or teaching; and multinational executives or managers having a minimum of three preceding years employment. The employment must come from the US employers’ overseas affiliate, subsidiary, branch, or parent. Additionally, there are more regulations in regards to these categories.
3. Professionals with advanced degrees and other exceptionally talented personnel- Employment second preference (E2): this applicant normally has an approval of labor certification from the Department of Labor. There are also the requirements of having a job offer and the US employer filing a Form I-140, Immigrant Petition for Alien Worker, on the applicant’s behalf. An exemption may also be applied from the labor certification and job offer along with evidence of national interest, and this is referred to as a National Interest Waiver. The two subgroups associated with this category include a professional possessing more than a baccalaureate degree or possessing a baccalaureate degree along with a minimum of five years progressive experience of the profession. The persons would have exceptional ability in the arts, sciences, or business fields.
4. Professionals, skilled workers, and unskilled workers (other)-Employment third preference:– generally, workers are required to have a labor certification approval from the Department of Labor, and a filing of an approved Form I-140 from the prospective employer. All of these employees receive 28.6 percent of the employment based immigrant visas’ annual global limit, in addition to any unused visas from the first and second preference employment categories.
Contact Our Business Based Visa Attorneys
In pursuing business based visas, the process can be time-consuming and overwhelming with tons of record keeping and paperwork. It’s a long, tedious, and complex process, and there are more steps involved. We have the skills, the expertise, and the networks needed to help you navigate the precarious task of securing the business based visa you need. Our excellent insight and understanding of the immigration landscape are key.