Business Immigration
Alcoba Law helps immigrants, their families, investors, and employers nationwide.
Navigating the United States immigration system can be a labyrinth of complexity, plagued by extended processing times and a labyrinth of regulations. This maze becomes even more daunting with the diverse range of immigration visa categories, including family reunification, employment authorization, and tourist visas.
Mistakes, whether minor typos or overlooked signatures, can lead to rejected applications, causing frustrating delays. Incomplete information may result in prolonged inadmissibility periods
At Alcoba Law, we comprehend these intricacies and specialize in immigration legal services. Our meticulous approach ensures precise documentation, simplifying the intricate U.S. immigration process. Whether you’re reuniting with family, pursuing employment, or planning a visit, our expertise streamlines the journey, minimizing delays and enhancing your prospects for a favorable outcome. Your immigration goals are our priority.
Our Process
The U.S. immigration system is complex, with long processing times and intricate rules. Covering family reunification, employment authorization, and tourist visas, it's easy to get overwhelmed. Mistakes in applications can cause significant delays or rejections. At Alcoba Law, we specialize in navigating this challenging landscape, ensuring precise documentation and guidance to streamline your immigration journey.
Pathways to America
Investment
Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the U.S. conferring visa eligibility.
To qualify for E-1 classification, the treaty trader must:
• Be a national of 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.
• Carry on substantial trade.
• Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
If you are exchanging items between the United States and a recognized treaty country, you may be able to qualify for the E-1 Treaty Visa classification. Items approved include, but are not limited to: goods, services, international banking, insurance, transportation, tourism, technology and its transfer, some news-gathering activities, and more.
Applicant Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age if their applications are approved. Their spouses and unmarried children’s nationalities are not required to be the same as that of the Applicant treaty trader or employee. Spouses and children may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.
Schedule your initial consultation to discuss your investment visa options.
The E-2 Treaty Visa is available to investors who are nationals of a country with which the United States has a treaty of commerce and navigation. These investors must have already invested or be actively in the process of investing, a substantial amount of money in a business located in the United States. Investors seek to gain lawful entry into the United States by developing and directing the business or investment. The intricacies and nuances of this visa along with the amount of time you are interested in being lawfully in the United States need to be understood and discussed before engaging in the time- consuming application process. This visa requires all applicants maintain an intention to depart the United States when their lawful status expires or is terminated. Contact our immigration attorneys if you are considering applying or adjusting your status.
The EB-5 Investment Visa requires a direct investment of one million dollars in a business that will create jobs for at least 10 U.S. workers (not including the investor’s immediate family) or an investment of $500,000 in a Congress-designated target employment area (TEA); alternately, a regional investment, which requires the investor to put at least $500,000 in a government-approved EB5 regional center. Many investors purchase existing businesses, no requirement that they are recognized franchises, but that is an option an investor can explore as a pathway to citizenship if they are not interested in investing in an government-approved EB5 regional center.
Schedule your initial consultation to discuss the investment visa options available to you.Employment Based
The availability of an immigrant visa will depend on the employment-based classification being sought
and usually the immigrant’s country of birth.
L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate, parent or subsidiary. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification. Your business plan makes or breaks the success of your application. A complete business plan includes an executive summary, explains the qualifying relationship (Ownership), includes market analysis, the potential sales strategy of the new business, a web summary, an analysis of competitors, how the business is expected to impact the US economy, financials, clear and detailed job duties / descriptions to demonstrate the executive and / or managerial positions.
Schedule your initial consultation here to see if you qualify for this visa.Extraordinary ability means that your experience is beyond that of an expert. You will be required to demonstrate that you are one of the small percentage of individuals who have risen to the very top of their field. You can self-petition as an extraordinary ability individual, because a job offer is not required for this classification. Extraordinary ability in the sciences, arts, education, business, or athletics must be demonstrated by national or international acclaim and recognized achievements in the identified area of extraordinary ability. Applicants are required to show that they will continue working in their area of extraordinary ability and that their work will substantially benefit the United States in the future. This visa is subjective but can be supported and approved if you have the proof to back up your claims of extraordinary ability in the sciences, arts, education, business, or athletics.
✓ Have you received a major internationally recognized award?
✓ Have you received any lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor?
✓ Are you a member of associations that require outstanding achievements of their members as judged by recognized national or international experts?
✓ Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
✓ Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization?
✓ Have you made original scientific, scholarly or business contributions that are of major significance?
✓ Have you authored scholarly articles in professional journals or other major media?
✓ Has your work been displayed at artistic exhibitions or showcases?
✓ Have you played a leading or critical role for an organization with a distinguished reputation?
✓ Have you or will you command a high salary or other remuneration for your services in comparison to others in your field?
✓ Have you enjoyed commercial successes in the performing arts?
If your evidence of extraordinary ability is reflected through other documentary evidence, USCIS will consider comparable evidence to establish eligibility for this Visa. Meet with one of our team members to assess the strengths and weaknesses of your Extraordinary Ability application. Schedule your initial consultation to see if you qualify for this visa.
Professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business that are non-citizens can apply for this visa category to obtain lawful admission to the United States. This visa generally requires a job offer and a labor certification issued by the U.S. Department of Labor (DOL) before an employer can move on to the next step of filing an immigrant visa petition with USCIS and (if approved) before a beneficiary could be issued an immigrant visa through adjustment or consular processing. Schedule your initial consultation to see if you qualify and can apply for lawful admission to the United States.
The strict deadlines imposed by USCIS should not be overlooked or ignored by hopeful applicants. Contact our Team today if you are an employer or hopeful employee seeking to gain lawful status in the United States via the Permanent Labor Certification Pathway. Actual processing times for each employer’s PERM application may vary depending on material facts and individual circumstances of the case presented. Schedule your initial consultation to see if you qualify and can apply for lawful admission to the United States.
What can you do if you are self – employed?
Self-employed individuals and entrepreneurs may be able to lawfully enter without having to be issued a Permanent Labor Certification if they are able to satisfy the National Interest Waiver Requirements. Schedule your initial consultation to see if you qualify and can apply for lawful admission to the United States.
NIWs are granted when USCIS exercises its discretion and determines that your proposed endeavor has both substantial merit and national importance. You are granted the NIW if USCIS believes you are well-positioned to advance the proposed endeavor in the United States. Considering the pros and cons of your lawful admission, USCIS believes your admission benefits the United States so much that USCIS agrees to waive the requirements of a job offer, having an approved labor certification, which is required of other individuals.
Are you self-employed? Are you an entrepreneur? Schedule your initial consultation to see if you qualify and can apply for a National Interest Waiver.
Applicants that possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements may apply for the O-1 Non-Immigrant Visa.
Once your petition is approved, you can apply for your visa at a U.S. Embassy or Consulate. The Department of State (DOS) establishes visa application processing and issuance fees. It is important to note that as an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.
Extensions of stay are possible. If your employer terminates your employment for reasons other than your voluntary resignation, they must pay for the reasonable cost of return transportation to your last place of residence before entering the United States. If an agent filed the petition for the employer, the agent and the employer are equally responsible for paying these costs. Contact our Team today if you want to know your rights.
The O nonimmigrant classification are commonly referred to as:
• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance;
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
Schedule your initial consultation to see if you qualify and can apply for lawful admission to the United States.
You can apply for the P1-A visa if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:
✓ An individual athlete at an internationally recognized level of performance;
✓ Part of a group or team at an internationally recognized level of performance;
✓ A professional athlete; or
✓ An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.
This P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group. Once the Athletic Ability P1-A Visa petition is approved, you can apply at a U.S. embassy or consulate to gain lawful admission to the United States. The duration of your stay will be set as the time needed to complete the event, competition, or performance, not to exceed one year. Extensions of stay are possible.
Schedule your initial consultation to see if you have the requisite evidence to qualify and can apply for lawful admission or for an extension of your visa in the United States.
Internationally recognized athletic teams, professional athletes, amateur athletes or coaches, or theatrical ice skaters are able to apply for the P1-B Visa. If you are coming to the United States temporarily to:
✓ Perform as a member of an entertainment group that has been established for a minimum of one year;
✓ Your group is recognized internationally as outstanding in the discipline for a sustained and substantial period of time;
You could consider applying for a P1-B Visa.
Schedule your initial consultation to see if you have the requisite evidence to qualify and can apply for lawful admission or for an extension of your visa in the United States.
Key Information
PERM Labor Certification for Permanent Residency
The PERM Labor Certification is a crucial step for obtaining a Green Card through EB-2 (for applicants with advanced degrees or exceptional abilities) and EB-3 (for skilled workers, professionals, and other workers). It involves an employer in the U.S. completing a detailed and complex process, proving that no national worker can fill the job position. This certification from the U.S. Department of Labor (DOL) is mandatory before filing the I-140 petition on behalf of the immigrant worker.
There are three key steps in the PERM process:
- Prevailing Wage Determination (PWD): Employers submit Form ETA-9141 to the National Prevailing Wage Center (NPWC) of the DOL, ensuring accuracy to avoid rejection.
- Recruitment Process: Within 30 to 180 days before filing the PERM application, the employer must conduct a recruitment campaign to demonstrate efforts to hire national workers, including job orders, newspaper ads, internal postings, and additional recruitment measures.
- Filing the PERM Application: The employer files Form 9089, asserting that no national applicant is available for the job and that hiring a foreign worker will not adversely affect similar national employees. This form must be filled out meticulously as errors cannot be corrected after submission.
- The PERM process can take approximately 8 to 15 months, depending on DOL processing times and strategy. Once completed and certified by the DOL, it must be submitted to USCIS with the I-140 petition. The certification is valid for 180 days from the receipt of Form 9089.
The PERM certification process is lengthy and intricate, involving detailed job descriptions, responsibilities, and required qualifications. It’s crucial to have the guidance of an experienced immigration attorney to navigate this process effectively.
Alcoba Law Group, P.A, led by immigration attorney Ruben Alcoba, offers extensive experience and expertise in the PERM process. We provide step-by-step guidance, ensuring a smooth and effective application.
Obtaining the E-2 Visa and Green Card
The E-2 Visa, also known as the Treaty Investor Visa, is available to individuals from countries that have a commercial treaty or a treaty of navigation with the U.S. It’s ideal for those wishing to direct and manage their commercial investment in the U.S. Key partners for this visa include Canada, Mexico, Albania, Togo, and others, but less than half of the world’s countries have such a treaty with the U.S.
Key requirements include:
- Nationality: The applicant’s business must be at least 51% owned by individuals of the treaty country.
- Investment: The business must be a bona fide enterprise and make a significant economic contribution, excluding non-profit or passive income ventures.
- Funding: Investment funds must be substantial and under the investor’s control, derived from legitimate sources.
- Risk: The investment must be at risk, meaning it cannot depend on loans or gifts from other sources.
- Temporary Stay: The visa is temporary, requiring renewal every two years and demonstrating no intent to immigrate permanently.
- Alcoba Law Group provides expert legal assistance in choosing the best business structure for your investment and navigating the E-2 visa process. Our experienced attorneys can guide you through each step, ensuring compliance with strict regulations and maximizing your chances of visa approval.
The E-2 visa allows you to bring your spouse and unmarried children under 21 years old. Each family member must apply separately. While the E-2 is a non-immigrant visa, it’s possible to transition to a Green Card by changing your visa status, for which Alcoba Law Group can offer comprehensive guidance.
Q1: What Is the L-1 Visa and How Does It Work?
Answer: The L-1 visa, known as the “Intracompany Transferee Visa,” allows foreign businesses to send their top employees to the U.S. to establish new offices, branches, etc. This visa facilitates international growth and expansion of the foreign company into the U.S. market.
Q2: What Are the Advantages of Using the L-1 Visa?
Answer:
Nationality: It’s available to all nationalities, making it more accessible than the E-2 visa, which is limited to treaty countries.
Simplicity: The L-1 visa process is straightforward, bypassing the complex PERM process.
Flexibility: Suitable for both small and large businesses.
Q3: What Are the Requirements for Obtaining the L-1 Visa?
Answer:
U.S. Branch or Office: Must be related to the foreign office (e.g., as a branch or subsidiary).
Application: Filed on behalf of an employee transferred to the U.S. The employee must be a manager/executive (L-1A) or possess specialized knowledge (L-1B) and have worked for the foreign office for one out of the last three years.
L-1A and L-1B Specifics: L-1A requires managerial ability, while L-1B requires specialized knowledge beneficial to the company’s operations.
Q4: What About the Employee’s Commercial Activities in the U.S.?
Answer: The requesting company must specify the visa holder’s role in aiding the company at its new U.S. branch or office.
Q5: What About Funding for the L-1 Visa?
Answer: The company must register in the applicable state jurisdiction and demonstrate the necessary funds for the employee’s transfer, using documents like previous pay stubs, financial statements, and bank account information.
Q6: What Is the Duration of the L-1 Visa?
Answer: Initially, the visa lasts for three years, extendable to seven years for managers and executives, and five years for specialized knowledge employees.
Transitioning from an E-2 visa to a Green Card involves changing your visa status from non-immigrant to immigrant for you and your family. Alcoba Law Group, with its long-standing professional expertise, can provide transparent and efficient assistance in this process, ensuring a smooth transition to permanent residency.
For more information or assistance with the E-2 visa and Green Card process, contact Alcoba Law Group.
EB-2 Visa and NIW
The EB-2 Visa is designed for individuals with exceptional skills and knowledge, offering them residency in the U.S. It’s particularly for those whose skills can significantly benefit the U.S., such as a unique specialist like a surgeon. Recognized as a National Interest Waiver (NIW), it was established in 1990 as a preferred immigrant visa category, allowing applicants to self-petition without an employer’s involvement or labor certification.
- The EB-2 category requires professionals with unique and advanced abilities. Applicants should have higher education degrees or equivalent experience, with skills in areas like science, arts, or business. They must present at least three forms of proof, such as academic records, professional recognition, and expert testimonials, to support their extraordinary abilities and significant experience.
- Typically, an EB-2 visa application requires a U.S. job offer and completion of the PERM labor certification process. However, with the NIW, these requirements can be waived. The PERM process, while designed to protect U.S. workers, can be lengthy and complex. The NIW pathway under the EB-2 visa allows for a more streamlined application process, benefiting those whose presence is in the national interest.
EB-2 visa applicants must prove that their permanent residence in the U.S. would be in the nation’s interest. They should demonstrate their ability to advance their project in the U.S. with evidence of academic background, work experience, and relevant unique skills. The focus is not on guaranteed success but on preparedness and potential national benefit, justifying the waiver of job offer requirements.
Healthcare professionals applying for an EB-2 visa via NIW need to provide evidence of their commitment to working in underserved areas for at least five years. They must demonstrate their qualifications and willingness to provide essential services like general medicine, obstetrics, pediatrics, or specialized areas. The requirement is to show ample evidence to make a compelling case for the immigration officer reviewing the petition.
EB-5 Visa Immigrant Investor Program
The EB-5 Visa, part of the Immigrant Investor Program, offers the opportunity to invest in the United States, one of the world’s largest economies. This visa leads to a Green Card, providing permanent legal residency for the investor, their family, and unmarried children under 21. The investment should be in a for-profit enterprise actively engaged in lawful business activities in the U.S.
- Immigrant Status: The E-2 is a non-immigrant visa, while the EB-5 provides a pathway to a Green Card.
- Nationality Restrictions: The E-2 is limited to citizens of treaty countries, whereas the EB-5 is available to any foreign national meeting its requirements.
- Investment Goals: The EB-5 is directly aimed at boosting economic growth and creating jobs in the U.S.
Requirements include:
- Investment: A minimum investment of $1 million, or $500,000 in a Targeted Employment Area (TEA). As of March 2022, the minimum for TEA investments has increased to $800,000.
- Legitimate Funding: Proof of legally acquired investment funds.
- Business Structure: The business can be public or private with minimal restrictions on its commercial structure.
- Job Creation: Must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
Alcoba Law Group, P.A., offers expert legal assistance with EB-5 visa applications. Our experienced immigration and commercial attorneys guide you through the complex requirements, ensuring a transparent and efficient process.
The business should be established after November 29, 1990. If it was established earlier, it must undergo significant restructuring or expansion. The business should operate full-time and employ at least ten U.S. workers (excluding freelancers, the investor, and their family) in roles that are not temporary or seasonal.
For more detailed information and assistance with the EB-5 visa, contact Alcoba Law Group.
L1 Visa
The L-1 visa, known as the “Intracompany Transferee Visa,” allows foreign businesses to send their top employees to the U.S. to establish new offices, branches, etc. This visa facilitates international growth and expansion of the foreign company into the U.S. market.
- Nationality: It’s available to all nationalities, making it more accessible than the E-2 visa, which is limited to treaty countries.
- Simplicity: The L-1 visa process is straightforward, bypassing the complex PERM process.
- Flexibility: Suitable for both small and large businesses.
- U.S. Branch or Office: Must be related to the foreign office (e.g., as a branch or subsidiary).
- Application: Filed on behalf of an employee transferred to the U.S. The employee must be a manager/executive (L-1A) or possess specialized knowledge (L-1B) and have worked for the foreign office for one out of the last three years.
- L-1A and L-1B Specifics: L-1A requires managerial ability, while L-1B requires specialized knowledge beneficial to the company’s operations.
Q&A Format for Immigration Services Page: L-1 Visa
Q1: What Is the L-1 Visa and How Does It Work?
Answer: The L-1 visa, known as the “Intracompany Transferee Visa,” allows foreign businesses to send their top employees to the U.S. to establish new offices, branches, etc. This visa facilitates international growth and expansion of the foreign company into the U.S. market.
Q2: What Are the Advantages of Using the L-1 Visa?
Answer:
- Nationality: It’s available to all nationalities, making it more accessible than the E-2 visa, which is limited to treaty countries.
- Simplicity: The L-1 visa process is straightforward, bypassing the complex PERM process.
- Flexibility: Suitable for both small and large businesses.
Q3: What Are the Requirements for Obtaining the L-1 Visa?
Answer:
- U.S. Branch or Office: Must be related to the foreign office (e.g., as a branch or subsidiary).
- Application: Filed on behalf of an employee transferred to the U.S. The employee must be a manager/executive (L-1A) or possess specialized knowledge (L-1B) and have worked for the foreign office for one out of the last three years.
- L-1A and L-1B Specifics: L-1A requires managerial ability, while L-1B requires specialized knowledge beneficial to the company’s operations.
Q4: What About the Employee’s Commercial Activities in the U.S.?
Answer: The requesting company must specify the visa holder’s role in aiding the company at its new U.S. branch or office.
Q5: What About Funding for the L-1 Visa?
Answer: The company must register in the applicable state jurisdiction and demonstrate the necessary funds for the employee’s transfer, using documents like previous pay stubs, financial statements, and bank account information.
Q6: What Is the Duration of the L-1 Visa?
Answer: Initially, the visa lasts for three years, extendable to seven years for managers and executives, and five years for specialized knowledge employees.
Alcoba Law Group, P.A., with its team of experienced commercial and immigration lawyers, offers professional guidance in obtaining the L-1 visa efficiently. We also advise on selecting the best visa for your needs, including capital-intensive options like the EB-5 or H-1B visas.
For more information or assistance with the L-1 visa process, contact Alcoba Law Group, P.A.