What Do Business Immigration Lawyers Do?

Florida Business Immigration Lawyers

The American immigration process can be very overwhelming. Some people can eventually succeed with a naturalization application, while the unfortunate ones could find themselves in removal proceedings. Preceding all these immigration issues, however, are US visas for various purposes.

Applying for a non-immigrant visa is much simpler than applying for a green card. As such, businesses who wish to bring in a foreign national to the country for work are advised to seek legal advice from a hard-working and credible Florida immigration attorney. Applying under the H-1B visa category, for instance, involves various immigration forms required by the United States Citizenship and Immigration Services (USCIS office).

Before proceeding, it is best to seek legal assistance from a law office specializing in legal matters involving USCIS forms, port of entry and waivers, grounds of inadmissibility, frequent traveler program qualifications, or administrative processing issues.

This article will briefly discuss how a business lawyer in Florida can help business owners and alien workers. It is composed of the following sections:

• An Overview of Business Immigration
• Business Immigration and Related Legal Matters
• Non-Immigrant Work Visas
• Self-Sponsored US Green Card Application
• Other Visa Categories Under Business Immigration
• Contact a Reliable Immigration Law Office

An Overview of Business Immigration

US immigration policy is known to be very strict but with an extensive scope. The immigration process could involve an aspiring US citizen, a foreign national proceeding with a green card application, or an individual of a different nationality needing a non-immigrant visa.

Very broadly, visa types under business immigration laws enable US employers to bring in foreign nationals to work in the country, mainly when no qualified American citizens are willing to take the job. However, one should keep in mind that there are several immigration rules and regulations that one must comply with for a visa not to be revoked. An H-1B visa holder, for example, must work only for the sponsoring employer.

Business Immigration and Related Legal Matters 

The nature of businesses and immigration policies are both highly complex. Strategic solutions are necessary to make sure that you properly navigate the various components of admission to the United States. This would include consular matters, ports of entry, and status upon admission.

It is vital to speak to a Florida immigration lawyer who can provide legal representation and advice, particularly for issues involving the US Department of Justice (DOJ), the Fraud Detection and National Security Division of the USCIS Office, and enforcement actions Homeland Security Investigations. 

A law office specializing in business immigration can provide legal assistance as you prepare various petitions and applications. Additionally, an immigrant or business owner in hot water would need a lawyer to attend to matters involving state and federal courts, the US Immigration and Customs Enforcement (ICE), the US Department of State (DOS) consular offices worldwide, the US Department of Labor (DOL), and the Board of Immigration Appeals (BIA).

Non-Immigrant Work Visas

In the spirit of commerce, investment, and trade, business owners and investors can file an immigration petition to do business or be employed in the United States. Most foreign nationals who wish to work, trade, or invest in the country may apply for a nonimmigrant visa.

Under relevant immigration policy, non-immigrant visas are generally not helpful in immigrating, obtaining permanent residency, or applying for citizenship. Additionally, they are valid only for a limited time.

H-1B Visa

This visa type is ideal for temporary workers with a bachelor’s degree and a job offer in the United States, particularly those in a specialized profession. Through family-based immigration law, certain family members (spouse and children below 21) may submit an H-4 visa application together with an application for an H-1B. These dependents may generally reside with the H-1B visa holder.

L-1 Visa

Executives and managers of a company with an office in the United States may apply for an L-1 Visa to transfer to or work in the country. Applicants, however, should have worked at the company’s foreign office for at least one year within the three years before the application.

O1 Visa

Foreigners who have extraordinary abilities in business, athletics, education, the sciences, the motion picture or TV industry, or the arts may obtain an O-1 nonimmigrant visa.

When dealing with any of the above types of visas, it is best to consult with well-trained and knowledgeable immigration attorneys in Florida before taking any steps.

Self-Sponsored US Green Card Application

Whether you are trying to immigrate, apply for a green card, or prepare for a citizenship test, it is always best to have competent legal counsel. USCIS processing times are known to belong, and numerous supporting documents are required for almost any immigration petition.

In general, a foreign national with extraordinary abilities in business, science, or the arts may be able to immigrate and become a lawful permanent resident through the following:

Applying for a green card through EB-1A

The EB-1A (Extraordinary Ability) category applies to foreign nationals who can prove that they are professionally distinguished in their respective fields of work and study through certificates and supporting documents. Here, sponsorship from an employer and the accompanying employment or labor certification is not required to have permanent residence.

Obtaining a green card through the NIW

The National Interest Waiver is meant for alien advanced degree professionals with exceptional ability in their fields of work and study. One may be able to apply for a green card and have the employment requirement waived.

Other Visa Categories Under Business Immigration

Suppose you are planning to marry a US citizen or permanent resident or intend to visit the country for business purposes. In that case, you may apply for a B-1 Business Visa or avail of a TN visa (if you are eligible). Note, however, that these do not enable an alien visitor to get a green card and legal permanent resident status in the United States.

B-1 Business Visa

Under business immigration law, B-1 business travel visas are granted to those who can prove that they are entering the country for a legitimate commercial or business activity. If you are a B-1 visa holder and need to extend your stay due to an educational opportunity or further business, an extension may be applied by filing a Form I-539.

TN Visa

Certain foreign nationals may be exempt from the Labor Certification requirement, depending on their intended purpose. Under the North American Free Trade Agreement (NAFTA), Mexican or Canadian citizens may acquire a TN visa from an airport or other port of entry.

If you have any legal questions related to these immigration rules, it is best to seek legal advice from credible and hands-on immigration lawyers in Florida early on.

What Can Business Immigration Lawyers Do?

Aside from comprehensively discussing the different business visas available for workers of foreign nationality, business immigration lawyers can also help with document retention, particularly those related to H-1B employment and labor certification recruitment. These would include:

• Employment eligibility documentation
• Company compliance manuals and policies
• Unannounced visa petition immigration audits
• Use of the Image program and E-Verify compliance issues
• Merger and acquisition challenges in the Form I-9 context
• Appeals of penalty determinations

Various types of visas are appropriate for maintaining work authorizations and proceeding with foreign and domestic operations, mergers, acquisitions, corporate restructurings, and divestitures. Additionally, a business owner or manager who wishes to utilize immigration policy to boost their business or career must carefully assess their legal options before proceeding. The same goes for an aspiring immigrant looking to come to work in the United States.

While certain work visas are well-suited for a particular purpose, no visa is universally applicable to every situation. Additionally, certain mistakes could lead to deportation to your home country. Due diligence and care are essential.

Seek Legal Help from a Credible Local Attorney

If you have any legal questions related to both immigrant and non-immigrant visas, adjustment of status, conditional green cards, or removal of conditions, it is highly recommended to contact our hands-on Florida immigration attorneys. Our Miami immigration law firm can provide the legal services that you need. Call us at AmLaw Global today.