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Pathways, Eligibility & Legal Support

Expanding your career into the U.S. can be an exciting opportunity, but the process can also be complicated. With the number of laws, visa options, and all the paperwork involved, the guidance of a business immigration attorney is valuable.

This guide breaks down the types of business immigration pathways, eligibility requirements, and why you need a business immigration lawyer in your immigration journey.

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Empowering Your Journey to U.S. Citizenship

Our team is here to provide expert guidance and support tailored to your specific immigration needs. Contact us today to learn how we can assist you.

Why Hire a Business Immigration Attorney?

A business immigration attorney assists foreign business owners, investors, and skilled workers with the U.S. immigration process. At Flagship Law, we have helped numerous clients achieve their business immigration goals.

Our key responsibilities include:

Evaluating eligibility for specific business immigration visas.
Assisting with the PERM labor certification process.
Preparing and filing visa applications and petitions.
Representing clients in any immigration appeals or legal issues.
Advising on compliance with U.S. immigration policies.

Hiring a knowledgeable business immigration attorney isn’t just about meeting legal requirements. They also play a strategic role in aligning your immigration goals with your business objectives.

Eligibility Criteria for Business Immigration

Eligibility criteria for business visas vary by visa type but generally include:

Proof of intent to work in a specific job/profession.
Intention to leave the U.S. when the visa expires (unless applying for a permanent visa).
Financial means to depart (unless applying for a permanent visa).
Employers must demonstrate financial ability to hire and pay workers the prevailing wage.
Employers must have a physical space for business operations.
S. businesses must complete the labor certification process before hiring foreign workers.
Meeting the specific visa’s requirements.

PERM Labor Certification

The PERM labor certification is a requirement to sponsor a foreign worker to work in the U.S. To hire foreign talent, a U.S. employer must demonstrate that no minimally qualified domestic workers are available to fill the role.

Additionally, the employer must certify that:

The employee will work full-time.
The position is either permanent or temporary, depending on the visa type.
The job’s educational and experience requirements align with industry standards that suit the candidate’s background.
The offered wage meets or exceeds the prevailing or actual wage, comparable to what other employers pay for similar roles.

A business immigration lawyer can help you manage this process by guiding you through the recruitment, application, and documentation steps.

Supporting Your Path to U.S. Citizenship

Types of Business Immigration Visas

The U.S. immigration system offers several visa categories for different business purposes. Below are the most common options:

EB Visas (Employment-Based Immigrant Visas)

EB-1: For individuals with extraordinary abilities, outstanding professors, researchers, or executives.
EB-2: For professionals with advanced degrees or exceptional ability in the arts, sciences, or business.
EB-3: For skilled workers, professionals without advanced degrees, and other workers in high-demand jobs.
EB-4: For special immigrants, including religious workers and certain international employees.
EB-5: For immigrant investors who make substantial investments in a U.S. business, creating at least 10 jobs.

Temporary Non-Immigrant Visas

E-2 Investor Visa: Available to investors from treaty countries establishing or running a U.S. business.
L-1 Intracompany Transferee Visa: For executives, managers, or employees transferring to a U.S.-based office.
H-1B Visa: For employees in jobs that require a bachelor’s degree or higher, such as those in the healthcare, IT, or engineering industry.
O-1 Visa: For individuals with extraordinary achievements in their field.

Helping You Achieve U.S. Citizenship

Request a Consultation with a Business Immigration Attorney

From filling a PERM labor certification to adjusting to an employment-based green card, a skilled business immigration attorney can make the application process seamless and stress-free while you focus on your career. Schedule a consultation with Flagship Law today and make your business immigration dreams a reality.