Employment Immigration Visa

For Company Owners, Employees, and Supervisors. Visas can be available in all three categories so the foreigner may work and reside in the US.

Some visas are long term lasting years while others are short term. Work in the U.S. is not authorized unless the foreigner has an employment visa, a green card, or special work authorization issued by a U.S. immigration agency.

Green cards can be available in limited circumstances for those who have extraordinary achievements, or great wealth to invest in our U.S. economy. Green card holders are lawful permanent residents of the US. A green card holder may apply for U.S. citizenship after maintaining a green card for 5 years.

Often, an employee will first apply for a visa, then later apply for a green card as they gain expertise.

Allan Scott Lolly

managing attorney

Normally, immediate family dependents (spouse and minor children) can be included in the visa or green card process. Sometimes, key employees or coworkers can be included as well.

For Company Owners

EB5 Green Card

Foreigners from any nation can invest in our U.S. economy and obtain a green card. The foreign investment required is $1,000,000 in developed regions of the U.S., or $500,000 in underdeveloped areas, such as rural areas. There are limitations on the number of EB5 green cards issued. Typically, Chinese investors cap out each year currently.

Traditionally, the foreigner arranges to open a new business or expand an existing business with a view toward hiring at least 10 new employees. More recently, U.S. investment companies obtain preauthorization from the U.S. government for the EB5 program and then pool investor resources together to engage in large scale projects.

The immigration attorney can help advise and sort out the best method of immigration.

  • Immediate Family Members? Yes

E2 Visa

International treaties allow foreigners from certain countries to do business in the U.S. without the need for such a large investment required by the EB5. The E2 visa investor may create a new business or take over an existing business. Enough income from the business should be generated to cover living expenses for the E2 visa holders. A business plan is required.

The E2 visa status is valid for 2 years and can be renewed every two years for good cause.

  • Immediate Family Members? Yes
  • Certain Key Employees? Yes

Employees

The U.S. issues visas to foreign employees who are in demand in the U.S. economy. Essentially, there are not enough U.S. workers qualified or interested to take the job offer. The employer must typically advertise the job opening through the U.S. Department of Labor and must pay the employee a competitive wage on par with U.S. workers.

H1-B Visa

The employee has a college degree, experience, and training to meet the demand of the U.S. employer. Often, H1-B visas go to IT information technology employees and scientists. Some also may qualify in the medical field due to our aging population and demand for medical services. The qualifications of the employee must match the employer job requirements.

Note: If the employee’s capabilities are so advanced that he or she is a leader in the field, an EB employment based green card is possible. The same is true for advance degree skills for employees who are considered of national interest to the U.S. government.

A spouse and minor child can qualify for family dependent H4 visas. Adult dependents of the H1-B holder can obtain work authorization to work at any job.

Allan Scott Lolly

managing attorney

H2-B, J, H2-A Visas

There are other areas of our U.S. economy that need support. Temporary workers with lower skill levels are needed at times, such as in agriculture, or summer work at National Parks. Disneyland employs foreigners during summertime under the J visa category. Businesses often need support that have seasonal peak demands or an unusual one-time demand.

TN Visa

Available to foreigners from Canada and Mexico under NAFTA, the North American Free Trade Agreement. Canadians and Mexicans are permitted to enter the United States to engage in business activities at a professional level. It is necessary to include a letter from the employer stating the professional capacity the employee will work in the United States. Also, the employee needs to have the required credentials. The initial period of stay can last up to three years, which may be extended. Procedures are different depending on whether the foreigner is from Canada or Mexico.


Supervisors

L1 Visa

Created for companies engaged in international businesses who must move from one location abroad to the U.S.:

  • Executives and Managers (L1-A visa); or
  • Employees with specialized knowledge (L1-B visa)

The L1 visa supports easy transfer of company executives.

For those setting up a new office, a maximum initial stay of one year is allowed. Those who are not setting up a new office an initial maximum stay of three years is allowed. L-1 employees may request an extension of stay for two years after expiration of their initial stay until a maximum of seven years in the United States.

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    More About Our Immigration Law Firm

    To date, the immigration law firm of Allan S. Lolly & Assoc. P.C. has successfully obtained well over 15,000 K1 fiance visas, CR marriage visas, green cards, immigration bar waivers, VAWA benefits, Asylum benefits, and other family and employment visas.

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