US Immigration

The following immigration services can be provided to any national with a need for a nonimmigrant (temporary) or immigrant (permanent) visa to the United States.

Business Entry (B-1)

Border enforcement has made business entry more challenging for even the most mundane meetings. Our Business Visitor packets include a tailor made cover letter and relevant supporting documents including letters of invitation, for a smooth and predicable entry. We also cater to supporting clients with a need for an After-Sales mission in the United States such as applicants contracted to install equipment, repair a product under warranty or train workers on equipment that was previously sold. As an After-Sales visit may be construed as requiring a work permit, it is critical to have the support of an experienced cross-border specialist who can prepare relevant point-entry packets that exempt the employee from having to obtain a work visa.

 

Visitor (Tourism) (B-2)

In some countries, obtaining a mere tourist visa is the most difficult filing of all US visas. While a traveler may just want to visit New York City or visit Las Vegas for a week, the onus is on the applicant to prove that he will leave the United States at the end of his temporary stay. Our firm has the intricate knowledge and experience with providing the documentation that will satisfy an officer of this extremely demanding condition.

F-1 (Student Visa)

This immigration classification is available only to full-time, enrolled students working toward a degree or certificate or specified course of study at a U.S. institution of higher education. The F-1 is valid for as long as the student remains in school and carries a full course of study. After an F-1 program is complete, the student is eligible for work authorization for at least 12 months (OPT, CPT), and can be extended for another 17 months if the student graduates with a STEM degree (science technology, engineering and mathematics).

TN (NAFTA Professional)

The TN visa was created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Under this visa, a Canadian (or Mexican) citizen may work in a professional occupation in the U.S. if he/she qualifies in one of 40 professions ranging from engineers to management consultants.   The applicant must also demonstrate that the Canadian (or Mexican) citizen possesses the specific criteria for that profession and that the employment or contract position in the U.S. be a bona fide U.S. employer.

H-1B (Specialty Occupation)

The H-1B visa program allows employers seeking to hire nonimmigrant aliens as workers in specialty occupations, one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. There are 85,000 H-1B’s available each year.

L-1 (Intra-Company Transferee) (L-1A & L-1B)

The L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from their foreign operations to the US operations. The employee must have worked for a subsidiary, parent, affiliate or branch office of the US Company outside of the US for at least one year out of the last three years. There are two types of employees who may be sponsored for USA L1 visas, Managers/Executives and Specialized Knowledge Staff.

 

E-2 (Investor Visa)

This immigration classification is available to nationals of qualifying treaty countries (Canada included) who have made a significant investment in the United States. There is no set minimum level of investment which may qualify for E-2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national’s presence in the United States. The investment must be in an operating business. Also, a substantial part of the investment must have been made before applying for E-2 status.

 

Labor Certification

A permanent labor certification issued by the US Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an I-140 immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

I-140 – Immigrant Petition (Corporate Sponsorship of an Employee)

In order to sponsor a foreign worker for U.S. permanent residency, the U.S. employer must complete the I-140 Immigrant Petition for Alien Worker. The U.S. employer files this petition with U.S. Citizenship and Immigration Services (“USCIS”). The US employer must be able to demonstrate that the company is in a good financial position and capable of paying the salary advertised for the job. Furthermore, the US employer must prove that the foreign worker meets the minimum qualifications for the job as listed on the PERM application.

 

Waivers

Those seeking to enter the US or obtain residence must first be admissible. This means that the person seeking admission may not be among any of the classes of individuals deemed ineligible by law to enter the U.S. Ineligibility to be admitted to the U.S. is known as inadmissibility. US immigration law provides that certain classes of individuals may not be admitted without a waiver, or an exception. A waiver of inadmissibility is an official determination by the U.S. government to allow an otherwise ineligible person to enter the United States. The most common grounds of inadmissibility that allow for and require waivers fall into three categories: criminal records, misrepresentations to the U.S. government in previous immigration applications and prior unlawful presence.

FIRM DELIVERABLES

Firm deliverables include the following:

  • Preparation of all government forms
  • Submission of forms on behalf of the petitioner (individual or employer)
  • Representation of all USCIS/Embassy correspondences on behalf of the petitioner
  • Assembly of relevant supporting documentation
  • Assistance in the preparation of pertinent documents (employer verification write-ups, affidavits, letters of support, character references, etc.)
  • Interview Preparation (consulate and point-of-entry)
  • Direct access to the lead practitioner
  • Unlimited (but reasonable) access to both the practitioner and firm associates throughout the adjudication of a case file
  • Hotline number in case of an issue during gate entries (land/airport)