Employment Immigration Legal Services

The H-1B nonimmigrant work visa allows foreign nationals to work temporarily in the United States for up to six years for a U.S. employer. During this time, many workers on H-1B visas obtain permanent residency or Green Card in the United States through sponsorship by their employer. This process requires the employer to file a labor certification application called a PERM, which is the first step in the process of obtaining residency.

As an added benefit, USCIS regulations allow certain foreign nationals who are the beneficiaries of labor certifications to continue to extend the H-1B work visa past the six-year limitation. After the labor certification and immigrant visa petition are approved, the Green Card application can be filed once an immigrant visa is available. For more information regarding labor certification, please contact us.

Family members of H-1B visa holders are issued H-4 visas. This allows family members to live in the U.S. and attend school but not work unless independently qualified in either the H-1B or another employment-based work visa category.

Once an H-1B Work visa is issued to you, you may change jobs and employers fairly easily without having to wait for a new H-1B petition approval. Regulations now only require that the new employer file an H-1B visa petition and receive the I-797 receipt for authorized employment to begin. However, to legally continue working for the new employer, the new H-1B must be approved. 

A further very beneficial provision allows for H-1B visa holders who have filed labor certification (for residency) to continue to extend the H-1B visa past the six-year limit until the case is approved. In this case, the labor certification must be filed at least 365 days before the sixth year of the H-1B. Of course, we recommend beginning as early as possible since the waiting times in many immigrant visa categories, such as that for bachelor’s degree categories, can take many years.

To qualify, you must be offered a job from a U.S. employer and the position offered to you must be a specialty occupation, meaning a professional position that requires a minimum of a bachelor’s degree or its equivalent. If you don’t have a university degree, documented work experience can be credited towards a university degree.

12 or more years of professional experience in a professional field can be the equivalent of a U.S. bachelor’s degree. All foreign degrees and equivalencies must be evaluated by a U.S. credential evaluation company. The evaluation company writes an official confirmation that your degrees and/or experience are equivalent to a U.S. bachelor’s degree or higher. The fees vary, depending upon whether you possess a university degree or have a combination of college and experience. Our firm takes care of arranging for a qualified credentials evaluation company to provide your evaluation once we receive a copy of your diploma(s) and transcripts.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a bachelor's degree and/or experience in finance management would not be qualified for a position as a fashion designer or chef but would qualify for a position offered in a bank, finance company, or a related field.

Once eligibility is established for both the employer company and the H-1B foreign national, Caroly Pedersen, Esq - American Immigration Law Centers will prepare the entire case from start to finish and submit it to the USCIS, requesting the approval of the H-1B visa. In order to properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show its company background, financial qualifications, as well as the background of the employee. Once the H-1B is approved, an application is made with the Social Security Administration for issuance of a social security number, which normally takes about two to three weeks to receive. H-1B visa holders are legally allowed to remain inside the U.S. and work for the sponsoring company during the full three-year period of the H-1B work visa and may extend for another three years.

For more information on business immigration, call or email our office to schedule a free consultation so that we can fully review your circumstances and give you the best, most honest advice concerning what steps you can take to obtain residency.

To help you succeed in obtaining your work visa and Green Card, our firm will carefully review your eligibility, provide valuable advice regarding your qualifications, prepare a professional case, properly support your case with all the required documentation, respond to all requests from the USCIS, represent you through the proceedings, and support you through the entire immigration process. We look forward to meeting you and helping you start your immigration journey!

Treaty investor visas allow nationals from countries that have the E-2 treaty in effect with the U.S. to enter the U.S. to develop, conduct, and oversee a business investment enterprise in the U.S. The visa holder will be the principal investor and may transfer key employees, such as managers, executives, or persons with specialized knowledge to the U.S. as well. To qualify, the majority ownership of the U.S. enterprise must be by individuals who are also citizens of the same treaty country as the principal investor.

E-2 visas issued inside the U.S. are often easier to obtain because they have a lower investment requirement. They are valid for two years. E-2 visas can be extended almost indefinitely, usually in two-year increments, as long as the U.S. enterprise or investment continues to qualify.

While E-2 visa stamps issued by U.S. Embassies or Consulates can be valid for as long as five years, they generally require more initial investment capital and can face a higher level of scrutiny by consular officers than is generally applied to E-2 cases approved by the USCIS inside the U.S. However, any E-2 investor who wishes to travel abroad during his or her E-2 visa must obtain an E-2 stamp at a U.S. Embassy or Consulate and must be prepared for a higher level of scrutiny regarding the investment amount and whether or not the U.S. investment enterprise currently employs or will employ U.S. workers in the near future. Generally, the higher the investment amount and the more employees on the company payroll, the higher the probability of approval.

Those holding E-2 visas (obtained at the U.S. Embassy or Consulate) may travel in and out of the U.S. or remain inside the U.S. continuously until the E-2 visa expires. Since there is no legal limitation on the number of extensions that may be granted, E-2 visa holders often live in the U.S. on a prolonged basis, provided E-2 qualifications are maintained. While E-2 visa holders may work and live temporarily in the U.S., they are restricted to working only for the specific investor-owned business which was the basis for the E-2 visa issuance. However, that E-2 business can change the type of business it operates at any time as long as the company continues to maintain full business operations and employ personnel.

Many countries have E-2 investor visa status. This includes Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bosnia-Herzegovina (Yugoslavia), Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Croatia (Yugoslavia), Republic of Congo, Democratic Republic of Congo (former Zaire), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Macedonia (Yugoslavia), Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Slovenia (Yugoslavia), Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, UK, and Yugoslavia. Investors from countries that do not have an E-2 treaty with the U.S. but who have dual citizenship also qualify.

The spouse and children (under age 21) of the E-2 worker are issued E-2 visas. A great benefit of this type of visa is that spouses can work if an application for work authorization is made, and children can legally attend school.

As mentioned above, qualifying for an E-2 requires that a substantial cash investment be made in the U.S. business. While the regulations do not specify the exact dollar amount, experienced immigration attorneys advise no less than $80,000 to $100,000, which includes product inventory and liquid assets. However, in order to satisfy the capitalization test, generally the dollar investment must be large enough to start and operate a business of the type in which the investment is made, which may be different for various types of businesses.

A weaker E-2, with less dollar investment, has a chance of being approved at a USCIS service center inside the U.S. However, as detailed earlier, if the E-2 investor wishes to travel, regulations require that an E-2 visa is made at a U.S. Embassy or Consulate outside the U.S. In such cases, depending upon the consular officer, an E-2 case that was approved in the U.S. can still be denied for an E-2 visa at the Embassy or Consulate. For that reason, care should be taken when filing the initial case to make it as strong as possible if travel is later required. One strategy is to obtain the initial E-2 status inside the U.S. through the USCIS service center (using 15-day premium processing), then upon approval, operate the business for several months or more with as many employees as possible to build a stronger case for eventual application of the E-2 stamp at the U.S. Embassy.

When inside the U.S. applying at an immigration service center, the processing time can be as short as 15 days (premium processing). If approved, you will get a two-year E-2 status, not a visa. You may remain inside the U.S. for the duration of your E visa. However, if you wish to travel outside the U.S., you will need to go to the U.S. Embassy or Consulate to be issued the actual E visa stamp.

Processing times at the U.S. Embassy or Consulate can vary, depending upon what your country of citizenship is.

In order to satisfy the immigration service's strict requirements for this type of visa based on your qualifications as a treaty investor, our attorneys will thoroughly review your case to determine eligibility, carefully prepare your petition, and submit it to the USCIS. To boost your case, we will emphasize your satisfaction of the regulations, including evidence to support or prove your eligibility. This could include your foreign company and U.S. enterprise documentation, as well as your essential skills and qualifications. 

Let us fully review your case with a free consultation. We offer honest advice that is personalized to your needs. You can trust us to prepare your case, gather documentation, handle USCIS, and represent you every step of the way. We look forward to working with you!

The L-1 work visa and multinational executive visa process is one of the fastest and most convenient immigration routes to obtain a Green Card in the U.S. The L-1 visa in conjunction with the multinational executive visa allows foreign companies with existing subsidiary offices in the U.S. or those seeking to establish a new office to transfer executives and managers to live, work, and obtain residency in the U.S. The foreign employees to be transferred to the U.S. office must qualify as either executives, managers, or specialized knowledge personnel.

For companies with an existing office in the U.S. (open at least one year), the L-1 visa is issued for an initial period of three years. An extension can be made for executives and managers up to a total of seven years. For specialized personnel, this can be up to five years. When establishing new U.S. offices, the L-1 visa is utilized by foreign companies to provide immediate transfer of its key executives and managers to the U.S. to establish subsidiary operations. The initial L-1 visa is issued for only one year. Then, after nine months, an extension of the L-1 is made. If U.S. residency is desired upon approval of the L-1 extension, an application for a multinational (I-140) immigrant visa and U.S. residency application is filed. This allows the employees (and their qualifying family members) to gain U.S. residency.

The path to U.S. residency follows this step-by-step process:

1. You must apply for an L-1 visa and obtain approval. This can take 15 days.
2. For new U.S. offices (open less than one year), the L-1 worker receives a one-year visa which must be extended. In order to qualify for an L-1 extension, the new office must undertake full-scale operations with employees for nine months, and then apply for an extension of the L-1 extension. This is required 90 days before the first-year expiration). Processing time is 15 days.
3. For an existing U.S. office that has already been in full-scale operations with employees for at least one year, the L-1 worker receives a two-year visa. Once the L-1 is approved, if the L-1 worker is a manager or executive, the multinational executive immigrant visa and Green Card application can be filed. Green Cards are generally approved within a year.

Spouses and children (under age 21) of L-1 workers are issued L-2 visas. A great benefit of this type of visa is that spouses can work if an application for work authorization is made. Children can also legally attend school. Once the multinational executive immigrant visa is approved for the executive or manager, his or her spouse and children are also included in the U.S. residency application.

Generally, to qualify, the companies must prove that the requisite relationship exists by qualifying in one of two relationships:

• Both the U.S. entity and the foreign company must be part of the same corporation, company, or entity
• Either the foreign company or the U.S. company owns more than 50% of the other
• Both the U.S. company and the foreign company are owned (more than 50%) by a third company or group
• Either the U.S. company or the foreign company is owned (50%) by two joint-venture companies. The transferring company must have effective control over the other company.

To qualify as an L-1 worker, the petitioning U.S. company must show three things.

1. The employee worked abroad for the overseas company for a continuous period of one year in the preceding three-year period
2. The employee must have been employed abroad in an executive, managerial, or specialized knowledge position
3. The employee must be coming to the U.S. company to fill the capacity of either an executive, manager, or employee with specialized knowledge

While the L-1 is a very convenient work visa and a great vehicle for obtaining U.S. residency, it is also not the right choice for everyone. In recent years, the processing of L-1 visas has become very challenging due to tightening USCIS immigration policies. The first important issue to understand is that the U.S. company must be a real, operational company with an office, telephones, employees, occupational licenses, and full-scale business operations. Since immigration regulations only give a new U.S. company (sponsoring an L-1 worker) less than one year to operate before the L-1 visa extension must be filed for the L-1 worker, the extension request must include substantial evidence of business operations, including financial statements and tax returns, employee payroll records, bank statements, and so on.

To learn more about business immigration, contact us for a free same-day consultation. We’ll review your case and give you honest advice about the best path forward with an L-1 and multinational executive visa. We can go over your eligibility and prepare your case while handling all interactions with USCIS throughout the whole immigration process. We are excited to help you!

The TN visa is available to professionals who are citizens of Mexico or Canada under the North American Free Trade Agreement, otherwise known as NAFTA. This visa is a special non-immigration status available only to citizens of the United States, Canada, and Mexico. This was created by the North American Free Trade Agreement (NAFTA). TN visas allow Canadian and Mexican citizens the opportunity to work in the United States in many professional occupations for up to a period of three years. Renewals of TN visas can be done indefinitely as long as the TN worker continues to work for a qualifying U.S. employer.

During this time, many workers on TN visas obtain permanent residency in the United States through sponsorship by their employers. This process requires the employer to file a labor certification application called a PERM, which is the first step in the process of obtaining residency.

Spouses and minor children of TN professionals receive TD visas to live in the U.S. during the TN visa. This allows them to live in the U.S. and attend school, but they cannot engage in employment in the United States unless they are independently qualified in either the TN visa or another employment-based category.

For Canadians, the TN work visa can be approved at the border on the same day. For Mexicans, it can be approved within several days at the U.S. Consulate.

Once a TN work visa is issued to you, you may change jobs or employers fairly easily without having to wait for a TN work visa petition approval. Regulations now only require that the new employer file a TN work visa petition and receive the I-797 receipt for authorized employment to begin. However, for you to continue working for the new employer, the new TN work visa must be approved.

To qualify, you must be offered a job from a U.S. employer. You cannot form a company and act as your own employer. The position offered to you by the U.S. employer must be a professional occupation authorized under NAFTA. This means a professional position that requires a minimum of a bachelor's degree in most cases.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a bachelor's degree and/or experience in finance management would not be qualified for a position as a beautician or pastry chef. However, they would be qualified to work in a bank or with a finance company.

Canadian University degrees are accepted without the requirement for evaluation to a U.S. degree equivalency. However, Mexican citizens must hold a titulo to fulfill the baccalaureate degree requirement. A carta de pasante is not sufficient for NAFTA professions that require a baccalaureate degree and must be evaluated by a credentials evaluation company. Further, all Mexican titulo degrees and transcripts should be certified. Our firm will arrange for a qualified credentials evaluation company to provide your evaluation once we receive a copy of your diploma(s) and transcripts.

Once eligibility is established for both the employer company and prospective employee, Caroly Pedersen, Esq - American Immigration Law Centers will prepare the entire case for submission to either the Border Post or U.S. Consulate to obtain the TN visa. To properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show its company background and financial qualifications. We’ll also need to document the background of the employee. 

Once the TN visa is approved, an application is made with the Social Security Administration for the issuance of a Social Security number. This normally takes about two to three weeks to receive. TN visa holders are legally allowed to remain inside the U.S. and work for the sponsoring company during the full three-year period of the TN visa.

You can work and live in the U.S. with our business immigration support. Get a free consultation at Caroly Pedersen, Esq - American Immigration Law Centers. We’ll talk about your case and provide advice about the best path forward for residency. To prepare your case, we’ll consider your qualifications and gather the required documentation. Then, we’ll represent you throughout the whole process. Let’s start your immigration journey today!

The R-1 visa is available to religious workers coming into the U.S. to work for a religious organization in a position of either a member of the clergy (religious vocations) or lay religious worker (such as administrators or teachers). The R-1 is generally issued for 30 months and can be extended for the same period for up to five years total. Once an R-1 religious worker in a religious vocation (minister, rabbi, and so on) has been working for the U.S. religious organization for at least two years in a paid position, the religious worker (and his or her family) is eligible to apply for U.S. residency or Green Card.

Accompanying spouses and minor children under age 21 of R-I visa holders automatically receive R-2 visas. This allows them to stay in the U.S. but not to work.

On November 21, 2008, USCIS made substantial changes to the R-1 religious worker program. These changes mandate USCIS church site inspections and tougher visa restrictions. At an inspection, USCIS may tour the facilities, interview organization officials, and review organization records relating to the organization’s compliance with immigration laws and regulations.

A religious vocation is defined as “a formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life.” Examples include nuns, monks, religious brothers, and religious sisters. The new law adds a new definition of minister. Under the rule, a minister is “an individual authorized by a religious denomination, and fully trained according to the denomination’s standards, to conduct religious worship and to perform other duties as usually performed by authorized members of the clergy of that denomination.” Lay preachers, without ordination, are not included in this definition.

If you’re interested in a religious worker visa, talk to Caroly Pedersen, Esq - American Immigration Law Centers. We’ll go over your case with a free evaluation and provide you with honest advice and a clear path forward. To obtain residency for you, we will review your eligibility and prepare your case. We can be the team you trust for the entire process. We look forward to talking with you!

The EB-5 investor visa is one of the quickest, most convenient ways to obtain a Green Card in the U.S. through investment. Foreign investors and their families can receive conditional Green Cards in as little as four to six months with permanent residency after two years.

To encourage foreign investment in the United States, create jobs for American workers, and help the U.S. economy, congress created the EB-5 immigrant investor visa category as part of the Immigration Act of 1990. The EB-5 visa was designed to attract foreign investors desiring to obtain a Green Card in the U.S. in exchange for investing a substantial amount of capital in a business enterprise. Under the regulations, there are 10,000 visas available each year for such investors with 5,000 reserved for investors who invest in one of the many EB-5 pilot programs designated for areas in the U.S. that have high levels of unemployment.

There are two basic categories of investment under the regulations.

The first category is an investment of $1 million U.S. dollars or more. This can be used to establish a new business or boost an existing business. The business of the investment should be under full investor control and direction. It must also provide full-time employment for at least 10 U.S. workers for at least two full years. 

The second category is an investment of $500,000 U.S. dollars. For this, one of two situations must apply:

1. The investment must be in a designated regional center, which is controlled by a partnership or other legal entity comprised of several other investors. This regional center must create full-time employment for at least 10 US workers for two full years.
2. The investment must be located in a targeted employment area. This could include rural areas (defined as an area outside a metropolitan statistical area or the boundary of a city or two with 20,000 people or more) or areas with unemployment rates that are at least 150% above the national average. The business must create full-time employment for at least 10 U.S. workers for two full years 

Essentially, immigration regulations allow foreign investors to invest (either $1 million or $500,000, depending upon where the business is located), in their own business and manage its operations or to invest $500,000 in a designated regional center and have a passive investment that is managed by a partnership or other entity. Regardless of which type of investment you choose, the final determination must always be an investment that makes good business sense and returns on investment.

The advantage of investing in your own business and managing it is that you are in total control of your investment and can exercise discretion over all business operations. The success of your business in large part depends upon many factors including your business or managerial skills, the economy, and the type of products or services your company provides. In good economic times, you could enjoy a good return on your investment in the form of monthly and yearly profits. The disadvantage, however, is that, in the bad times, your business could experience tough economic challenges, which can mean employee layoffs and, in some cases, business closure.

For EB-5 Investors, this can be very serious, since immigration regulations require that an investor’s business enterprise employ 10 full-time workers for at least two years. Therefore, layoffs of employees can be a disaster for an investor. The USCIS is very strict about the job creation and employment component of the investment since the EB-5 program itself was created essentially to enhance the American economy by allowing foreign investors to create businesses that will employ U.S. workers. As a result, any consideration of investing in the U.S. through your own business should include a very well-calculated plan to ensure that no fewer than the minimum of 10 employees are guaranteed to be employed at all times until your Green Card is made permanent after the conditional two-year period.

The obvious advantage of investing in one of the designated regional centers recognized by the USCIS is that the investment capital required is only $500,000 (in addition to program administration and immigration fee costs, which generally result in a $560,000 total investment). Regional centers are investment enterprises in which investors pool their investment capital together for funding projects that promote economic growth in high-unemployment areas of the U.S. Another advantage of investment in a regional center is that the center indirectly creates jobs for 10 U.S. workers for the required two-year period, relieving individual investors of this responsibility.

Finally, investment in a regional center does not require the investor to be actively involved in the operations of the business, leaving the investor free to travel, attend to other businesses, enjoy leisure activities, or retire. The disadvantage is that not all regional centers have established track records of investment returns and USCIS approvals. This makes it all the more important to choose from among the most established centers, a few of which have near 100% USCIS approval rates for qualifying investors.

Under new regulations, the EB-5 Investor application can be approved in as little as 15 days. Once approved, both the foreign investor and his or her family apply for U.S. residency. Upon approval, they receive conditional residence status for two years with a secondary petition required to be filed for permanent residency. This is done several months before the conditional residency expiration by filing an application that demonstrates to the USCIS that all the requirements have been met, including that the capital investment has been continuously maintained and that 10 full-time workers have been employed during the conditional residence period. 

This is very beneficial for investors who have children within several years of reaching age 21. Once a child has turned 21, he or she is no longer eligible to immigrate as a dependent of the parent in employment or investment-based immigration. Investors and their families can apply for U.S. citizenship after being residents for four years and nine months.

Qualifying Investment Capital

Immigration regulations define capital as cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the foreign investor. Loans will qualify as capital as long as the investor is primarily and personally liable for the indebtedness. Gifts from friends or family also qualify as capital. The full amount of the investment must be made before applying for the EB-5 Visa.

Job Creation

The investment enterprise must benefit the U.S. economy by creating full-time employment for not less than 10 U.S. workers, excluding the investor and his family members, and must continue to do so for the entire two-year period of the investor's conditional residency.

The Investment Enterprise

To qualify as an investment, the business must be a commercial enterprise formed for the conduct of ongoing business, including sole proprietorship, partnership, holding company, joint venture, corporation, business trust, or other entity that is publicly or privately owned. If it is a new enterprise, it must have been established after the effective date of the Act on November 29, 1990. A new enterprise includes:

• Opening a new business
• Buying and reorganizing an existing company
• Investing $1 million in an existing business without reorganizing or reincorporating if the capital investment results in a substantial change in the existing business of at least a 40% increase in net worth or employees
• Taking over a troubled business that has existed for two years and incurred a net worth loss of at least 20% if the acquisition will save jobs

Management of the Enterprise

The investor must be engaged in the management of the enterprise either through day-to-day managerial control or through policy formulation and cannot maintain a purely passive role. Further, more than one investor may obtain an immigrant visa based on investment in the same enterprise, as long as each investor remits the minimum capital requirements of $1 million or $500,000 for target areas.

Qualifying Investment Capital

Immigration regulations allow investment capital to be the investor’s own savings, cash, loans on assets owned by the foreign investor as long as the investor is primarily and personally liable for the indebtedness, and gifts from friends or family. The full amount of the investment must be made before applying for the EB-5 visa.

Job Creation

The regional center project creates full-time employment for not less than 10 U.S. workers during the entire two-year period of the investor's conditional residency. Under the regulations, regional centers qualify by creating 10 or more jobs indirectly as a result of the investment.

The Investment Enterprise

To qualify for the EB-5, investors must place the total investment funds at risk. For investments in reputable regional centers, this means that the investment capital is generally held in an escrow account pending USCIS processing and may only be released to the project upon approval of the EB-5 investor immigration petition.

Management of the Enterprise

Day-to-day management of the regional center investment enterprise is generally governed by the general partner of a limited partnership. In this case, the limited partners receive their share of the income from the investment.

Investment Returns and Exit Strategy

Many good investments generate regular returns in monthly, quarterly, and yearly distributions of profits, depending upon the investment and structure of the project. However, while the more established regional centers offer investors more safety and security, other centers offer no guarantee that investors will make money on their investments. The more reputable regional centers also offer investors an exit strategy, allowing them to recoup their investment at the end of a five-year holding period, during which their money was at risk.

Let Caroly Pedersen, Esq - American Immigration Law Centers help you get a Green Card with an EB-5 investor visa. We can assess your case in a free consultation. Learn more about visas and other types of business immigration when you contact us now. We are eager to help you with your immigration needs!

The O-1 visa is a temporary work visa available to individuals who have "extraordinary ability in the sciences, arts, education, business or athletics" that "have been demonstrated by sustained national or international acclaim." It is also available to those in motion pictures and television who can demonstrate a record of extraordinary achievement. 

O-1 applicants must be sponsored by a U.S. company, agent, manager, concert promoter, or someone similar to work in the U.S. in their field and must be paid the salary stated in the visa application. O-1 visas are generally approved for a period of three years and can be extended in one-year increments thereafter. 

Additionally, once the O-1 visa is approved, the O-1 immigrant may also qualify to immediately apply for a Green Card as an individual of extraordinary ability. Many occupations qualify for O-1 visas. They can be used for most business, athletic, scientific, and entertainment fields.

Accompanying spouses and minor children under age 21 of O-1 visa holders automatically receive O-3 visas. These visas allow them to stay in the U.S. but not to work. 

To obtain an O-1 visa to work in the sciences, education, business, or athletics, applicants must demonstrate that they possess "a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of endeavor."

Extraordinary ability in the arts means that the applicant has attained distinction. Distinction is defined as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered." Distinction has also been defined as prominence in the field of endeavor.

If you want to talk about business immigration, Caroly Pedersen, Esq - American Immigration Law Centers is here for you. Get a free consultation with emergency and same-day appointments available. We’ll assess your case and offer personal advice to help you obtain residency.

We support you from the start of your case to the end. Once we review your qualifications, we’ll build your case with proper documentation. Then, we’ll handle the proceedings until you can obtain your Green Card. Your dreams of permanent residency can start with us!

P-1 visas allow athletes, artists, and entertainers to come to the U.S. to perform in specific events, competitions, or performances. To qualify, the artist, entertainer, or athlete must be internationally recognized in his or her field or as a group and must be sponsored by a U.S. employer or an international employer working through a U.S. agent. P-1 entertainers (not athletes) must be performing as part of a group, and the group must have been established and performing regularly for at least one year. Outstanding athletes may apply for this visa to compete in the U.S., either as individuals or as members of an internationally recognized athletic team. P-1 visas can be issued for up to five years.

Accompanying spouses and minor children under age 21 of P- I visa holders automatically receive a P-4 status. They are not allowed to work but may attend schools or colleges.

Learn more about business immigration and your opportunities for a P-1 visa. You can get a free consultation with our attorney to review your case. We’ll give you the best, most honest advice to help you obtain residency with a work visa. Trust us to review your eligibility, prepare your case, and organize your documentation. We’ll represent you throughout the process. Contact us today!