Business Immigration
An employment visa can help an individual work in the U.S. It is an essential tool for those from foreign countries to utilize the many opportunities in the U.S. and for our economy to receive some of the most talented people in the world. If you are an employer who needs more information about employee visas or you are a talented individual who needs help through the process, we are ready to help. For more information about our employment immigration practice, call today.
Family Based Immigration
Family based immigration is not an uncommon occurrence. There are many families that are split up internationally, whether by deportation or by choice. There are many reasons for families to be split up and sent to different countries. Residency and citizenship is often the main reason for parents to be sent to a different country than that of their children. When a family is split up due to residency, generally the first issue on the family members’ minds is to be reunited with the rest of their family. To ensure that this issue is attended to as quickly as possible, an immigration lawyer should be contacted immediately.
Family based immigration means becoming a U.S. permanent resident through a family relation. When one family member files an immigration petition, this person is called a sponsor. There are many laws regarding the sponsor, and there are many laws for the beneficiary once they are admitted to the United States. Not every lawful permanent resident can become a sponsor; there are qualifications such as age and relationship that must be met before they can become a sponsor.
E-2 Investor Visa
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To qualify for E-2 classification, you must:
- Be a national of a country the United States maintains a treaty of commerce and navigation with;
- Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise.
Professional Visas
P-1A Visa: Internationally Recognized Athletes
For those who are deemed to be “internationally recognized” athletes who are looking to come to the United States to participate in an athletic competition, they may find their solution with the P-1A visa. These are for individual athletes, as well as those who are members of a larger group and allows or them to come and compete. How does one qualify? To be deemed acceptable under this visa, you must have gained international recognition – either through evidence of skill or accomplishments.
To apply for this visa, first your U.S. employer must file the Form I-129 Petition for Non-Immigrant Worker. In some cases, your employer may just be your agent. They are also responsible for all applicable fees and documentation. Nevertheless, it is wise to speak with a business immigration attorney about the matter before beginning the process.
Some of the documentation that is required includes the following:
· Written consultation from labor organization (if applicable);
· Copy of contract(s); and
· Explanation of event / itinerary
It must also include supporting documentation that proves a minimum of two things, including evidence of participation with a major U.S. sports league, national league, U.S. college or university in an intercollegiate competition or even a written statement from a U.S. sports league or official detailing how you are internationally recognized or evidence of your international rankings.
For those who are approved, they will be able to stay for up to five years for the initial stay for an individual athlete (they can extend this for up to five years). For members of an athletic group, the initial stay is limited to one year, however, they can petition for an extension in one-year increments. For essential support personnel, the stay is limited to one year, although extensions can be granted in five-year increments.
P-1B Visa: Member of Internationally Recognized Entertainment Group
The P-1 visa also stretches to encompass those who are coming to perform in the United States as a member of an internationally recognized entertainment group. These people may apply for this visa if it can be proven that the entertainment group is both internationally recognized and that, at a minimum, 75 percent (75%) of the members have been affiliated with the group for more than a year. For this visa, it is the reputation of the group as a whole that will matter the most – not the individuals within the group.
To apply, the U.S. employer of the entertainers must file the Form I-129 Petition for a Non-Immigrant Worker, along with the fees and necessary documents. They must also submit a consultation, if applicable, with a statement from a labor organization discussing the nature of the work. Along with this, they must submit all necessary fees, a copy of the contract, evidence of the group’s regular performance, as well as a list of all members within the group and their start date. There must also be documentation showing the group has been internationally recognized. This may be done through international awards or prizes or evidence of proof that the group starred in an internationally recognized production or event and such.
Those who are granted access under the P-1B visa are allowed to stay for an initial period of one year. After this, they may petition for an extension of stay, which may be granted in one-year increments for as long as it takes to complete the event, competition or performance. For family members of the members of the entertainment group, they may be granted access as well under the P-4 visa. Those who are deemed “essential support personnel” will also be able to petition for a visa (ex: front office personnel, camera operators, etc.)
O-1 Visa: Individuals with Extraordinary Ability
O-1 visas are available for individuals of extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim, who are coming temporarily to the U.S. to continue work in the area of extraordinary ability. Though many individuals come to the U.S. for a short period of time, the terms can be given for an initial period of 3 years with extensions in increments of 1 year. O-1 and )-3 visa holders can pursue permanent residence while in the U.S in O status. O-2 visas are for support personnel of O-1 accompanying artists and athletes. O-3 visas are for spouses and unmarried children under 21 years of age of O-1 and O-2 visa holders.
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