Business Immigration Attorneys Providing Legal Guidance in Obtaining Nonimmigrant Visas
Immigration law can be extremely challenging to try and navigate independently. However, if you are a business owner interested in bringing skilled workers to this country, you need an immigration law firm like SwagatUSA, LLC to advise you through the entire immigration process.
The United States also allows individuals interested in starting businesses what is known as investor visas. However, there are specific legal standards that must be met to qualify for this type of non-immigrant visa.
If you would like to learn how our Chicago business immigration attorneys may be able to assist you, contact our law office and ask to schedule a consultation to discuss your needs.
Who Qualifies For a Business Visa?
One of the most common visas is an H-1B visa granted to an individual with extraordinary ability, education, or advanced degrees in their field. For example, outstanding professors or individuals who conduct research may be eligible for these visas with a residency cap of three years. In addition, the non-immigrant visa allows individuals to travel within the United States.
Other business visas, such as a B-1 visa, are for individuals who wish to come into the country but are not here to perform work that requires labor or payment from U.S. employers. For example, this type of visa applies to those who participate in the arts and those who need to attend business meetings. Some other examples of persons who may be eligible to obtain business visas include:
- Religious workers such as missionaries
- Multinational executives
- Individuals in managerial positions
- Intracompany transferees
- Professional athletes
Because a business visa has a shorter and more limited use, it is significantly easier to obtain than a green card.
What is an Investor Visa?
Investor visas are designed with the idea that foreign investors can make an investment in the U.S. and receive a green card in return. However, a critical aspect of the investment is that it must benefit rural areas or high unemployment areas, referred to as targeted employment areas (TEAs).
Those who wish to participate in this immigration process must make a smaller investment of at least $900,000 in approved commercial enterprises. Additionally, immigrant investors may invest $1.8 million if the business activities are located in a TEA. Finally, the investment must create at least employment positions for at least 10 new hires or preserve that amount of existing jobs within two years of the EB-5 investor visa being issued.
Investors may also qualify by investing $1.8 million if their investment is in a TEA. The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States as a permanent resident on an EB-5 visa.
If all conditions are met, the investor may establish permanent residence in the United States and eventually obtain United States citizenship.
What is a National Interest Waiver?
National interest waivers fall under the category of an EB-2 Visa. EB-2 visas are granted to professionals and those with advanced degrees or exceptional abilities. National interest waivers (NIWs) are classified as EB-2 C visas.
Professionals who wish to obtain a national interest waiver must prove their abilities and skills can benefit society and are deserving of the waiver. The NIW avoids the need for labor certification. Therefore, the applicant does not need to provide documentation showing they have an employer.
As a result, professionals are permitted to self-petition to procure an NIW. One considerable advantage of NIW is there is no worry of the individual potentially losing their green card if they lose their job or wish to change employers.
What Sets Your Business Immigration Law Firm Apart From Others?
Suppose you are a business owner or a professional who feels they have extraordinary abilities that could be used well. In that case, you need an immigration law firm to help you obtain a business visa. There are many advantages to allowing foreign workers to enter the country. However, that being said, immigration laws must be followed precisely.
For this reason, it is in your best interest to consult with an experienced business immigration attorney who can help you understand your legal options. At SwagatUSA, LLC, we advise clients regarding the right path for obtaining green cards and citizenship.