Nonimmigrant Visas

Each L-1A case is unique, reflecting the specific needs of both the employer and the employee. I provide personalized strategies to ensure that the transfer of executives or managers under the L-1A classification is smooth and successful.

The L-1A nonimmigrant visa allows U.S. companies to transfer executives or managers from their foreign offices to their U.S. offices. This visa also permits foreign companies without a U.S. presence to send an executive or manager to the United States to establish a new office. The L-1A visa is crucial for multinational companies looking to leverage their global talent in the U.S. market.

To qualify for an L-1A visa, the employer must have a qualifying relationship with the foreign company, such as a parent company, branch, subsidiary, or affiliate. The employer must be, or will be, actively conducting business in the United States and at least one other country directly or through a qualifying organization. The business must involve regular, systematic, and continuous provision of goods and/or services, but there is no requirement for it to engage in international trade.

The employee must have worked for the qualifying organization abroad for at least one continuous year within the past three years and must be entering the U.S. to work in an executive or managerial capacity.

In preparing an L-1A application, I carefully evaluate the roles and responsibilities of the executive or manager to ensure they meet the definitions of executive or managerial capacity as outlined by USCIS. Whether it’s demonstrating the employee’s authority to make decisions of wide latitude or their ability to manage a significant function or department of the organization, I work to present a compelling case that highlights the employee’s leadership skills and strategic importance to the company.

With extensive experience in handling L-1A applications, I guide both employers and employees through the intricate process, providing the expertise needed to facilitate a successful intracompany transfer. My goal is to help your company effectively utilize its global leadership talent in the U.S. market, driving growth and innovation.

Navigating the L-1B visa process requires a deep understanding of both the employer’s needs and the specialized knowledge that the employee brings to the table. I provide tailored strategies to ensure that the L-1B application is both thorough and compelling, reflecting the unique skills of the employee.

The L-1B nonimmigrant visa enables U.S. companies to transfer employees with specialized knowledge from their foreign offices to their U.S. operations. This visa is also available for foreign companies that want to send a specialized knowledge employee to the U.S. to help establish a new office. The L-1B visa is critical for companies that rely on employees with unique expertise to drive their success in the competitive U.S. market.

To qualify for an L-1B visa, the employer must have a qualifying relationship with the foreign company, such as a parent company, branch, subsidiary, or affiliate. The employer must be, or will be, actively conducting business in the United States and at least one other country directly or through a qualifying organization. The business must involve regular, systematic, and continuous provision of goods and/or services, but there is no requirement for it to engage in international trade.

The employee must have worked for the qualifying organization abroad for at least one continuous year within the past three years and must be entering the U.S. to provide services that require specialized knowledge.

Specialized knowledge refers to the employee’s advanced understanding of the company’s products, services, research, equipment, techniques, management, or other significant interests, and how these are applied in international markets. It can also refer to the employee’s expertise in the organization’s processes and procedures that is not easily transferable to others.

In preparing an L-1B application, I meticulously document the employee’s specialized knowledge, ensuring that it meets the standards set by USCIS. Whether it’s illustrating the employee’s unique skill set, the critical nature of their role, or their contributions to the company’s success, I work to build a strong case that emphasizes the importance of their transfer to the U.S. operation.

With my extensive experience in L-1B visa cases, I guide both employers and employees through the complex application process, providing the expertise necessary to highlight the employee’s value and secure approval. My goal is to help your company leverage its specialized talent to thrive in the U.S. market.

The E-2 nonimmigrant classification allows nationals of treaty countries to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business. This visa is ideal for those looking to develop and direct investment enterprises or for certain employees of qualifying organizations.

To qualify for E-2 classification, the treaty investor must be a national of a country with which the United States maintains a treaty of commerce and navigation, have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States, and seek to enter the United States solely to develop and direct the investment enterprise. This is demonstrated by at least 50% ownership or operational control through a managerial position or corporate device.

Investment capital refers to funds or assets placed at risk in a commercial sense with the goal of generating profit. The capital must be subject to partial or total loss if the investment fails and must not be derived from criminal activity.

A substantial amount of capital is considered substantial relative to the total cost of purchasing or establishing an enterprise, sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise, and of a magnitude to support the likelihood of successful development and direction of the enterprise, with higher proportional investment required for lower-cost enterprises.

A bona fide enterprise is a real, active, and operating commercial or entrepreneurial undertaking that produces goods or services for profit and meets legal requirements within its jurisdiction. The enterprise must not be marginal; it should have the potential to generate more than enough income to provide a minimal living for the investor and their family within five years of the E-2 status beginning.

To qualify as an employee of a treaty investor, the individual must share the nationality of the principal alien employer (who must also be from the treaty country), meet the definition of “employee” under relevant law, and either engage in executive or supervisory duties, or if in a lesser capacity, possess special qualifications essential to the enterprise.

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by treaty country nationals maintaining E-2 status or who would qualify for E-2 status if seeking admission. Duties of an executive or supervisory nature involve ultimate control and responsibility for the enterprise’s overall operation or a significant component of it. Special qualifications refer to skills and aptitudes making the employee’s services essential to the efficient operation of the enterprise. Factors include proven expertise, the uniqueness of the skills, and the employee’s ability to command a significant salary. Knowledge of a foreign language and culture alone does not meet this requirement.

An E-2 investor or employee may only work in the role approved at the time of the visa grant. However, an E-2 employee may also work for the treaty organization’s parent company or subsidiaries if the employment requires executive, supervisory, or essential skills, and terms have not otherwise changed.

Substantive changes in the terms or conditions of E-2 status, such as a merger, acquisition, or sale of the division, must be reported to USCIS by filing a new Form I-129 with the fee and evidence demonstrating continued eligibility. Non-substantive changes do not require a new filing but may be discussed with USCIS if needed.

My role is to guide you through the E-2 visa process with tailored strategies that meet your specific needs, ensuring compliance and maximizing your chances for a successful application.

P-1 Visa: Internationally Recognized Athletes and Entertainment Groups

The P-1 visa is designed for individuals or groups entering the U.S. temporarily to participate in specific athletic or entertainment events of significant international recognition. This visa is suitable for:

• Internationally Recognized Individual Athletes: Athletes who have achieved international acclaim for their skill and performance, coming to the U.S. to compete in high-profile sports events.
• Internationally Recognized Athletic Teams: Teams with an established reputation on the international stage, entering the U.S. to participate in major competitions or tournaments.

Entertainment Groups: Theatrical or performing groups with notable international recognition, coming to the U.S. to perform in recognized productions or tours.
To qualify for the P-1 visa, the individual or group must provide substantial evidence of their international acclaim and demonstrate their participation in events of major significance.

P-2 Visa: Reciprocal Exchange Program Artists and Entertainers

The P-2 visa facilitates the entry of artists or entertainers who are performing in the U.S. under a reciprocal exchange program between U.S. and foreign organizations. This visa is applicable for:

• Artists Entering Under Reciprocal Agreements: Performers coming to the U.S. through established exchange programs, such as those between the American Federation of Musicians and the Canadian Federation of Musicians, or other recognized agreements.
• Entertainers: Individuals or groups performing under reciprocal agreements between U.S. and foreign entertainment entities.

Eligibility for the P-2 visa requires proof of a formal reciprocal agreement and evidence that the U.S. and foreign artists have comparable skills. The application must detail the terms of the exchange program and the employment conditions.

P-3 Visa: Culturally Unique Programs

The P-3 visa is intended for artists or entertainers coming to the U.S. to participate in programs that are culturally unique. This visa covers:

• Culturally Unique Performances: Individuals or groups coming to the U.S. to perform, teach, or represent unique ethnic, folk, cultural, or artistic traditions.
• Teaching or Coaching: Artists or entertainers coming to the U.S. to instruct or guide others in culturally significant art forms.

Applicants must demonstrate that their participation will advance the understanding or development of their art form and that the program is culturally unique. Required documentation includes expert attestations and evidence of the program’s cultural importance.

Each visa classification has specific documentation and eligibility criteria. As your guide through the application process, I will ensure that your application is comprehensive and meets all requirements, tailored to your unique situation for a successful outcome.

The H-1B nonimmigrant classification allows individuals to enter the United States to perform services in specialty occupations, participate in Department of Defense (DOD) cooperative research and development projects, or work as fashion models of distinguished merit or ability. This visa is ideal for professionals in specialized fields, researchers working on significant projects, and high-profile fashion models.

Specialty Occupations (H-1B)

To qualify for the H-1B visa for specialty occupations, the position must:

Require theoretical and practical application of a body of highly specialized knowledge.

Demand attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum entry requirement.

Eligibility Criteria:

Specialty Occupation Requirements: The job must meet one of the following criteria:

• The position typically requires a bachelor’s degree or higher.
• The degree requirement is common for similar positions in the industry.
• The employer generally requires a degree for the role.
• The job duties are so specialized that they require a degree.

Education and Experience: You must meet one of the following:

• Hold a U.S. bachelor’s degree or higher in the specialty from an accredited institution.
• Hold a foreign degree equivalent to a U.S. degree.
• Have an unrestricted state license, registration, or certification, if applicable.
• Have education, training, or experience equivalent to a U.S. degree, with recognized expertise in the field.

DOD Research and Development Project Workers (H-1B2)

This category is for individuals working on cooperative research and development projects or coproduction projects with the DOD.

Eligibility Criteria:

Project Requirements: The job must require at least a bachelor’s degree. The petition must include:

• A verification letter from the DOD project manager.
• A general description of the duties and employment dates.
• Information about noncitizens currently or previously employed on the project.

Education Requirements: You must meet one of the following:

• Hold a U.S. bachelor’s degree or its equivalent in the relevant field.
• Hold a foreign degree equivalent to a U.S. degree.
• Have a valid state license, registration, or certification, if applicable.
• Have equivalent education, training, or experience with recognized expertise in the field.

Fashion Models (H-1B3)

This category is for fashion models who are of distinguished merit and ability.

A model of distinguished merit and ability in the field of fashion modeling is one who is prominent in the field of fashion modeling. The model must also be coming to the United States to perform services which require a fashion model of prominence. 

Prominence means a high level of achievement in the field of fashion modeling evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of fashion modeling.

Recognized authority means a person or an organization with expertise in a particular field, special skills or knowledge in that field, and the expertise to render the type of opinion requested. 

Each H-1B category has specific documentation and eligibility requirements. The inclusion of a Labor Condition Application (LCA) certified by the Department of Labor (DOL) is essential for most H-1B applications, except for those under the DOD Research and Development category. Understanding these requirements will help ensure a successful petition process.

My role is to guide you through the H-1B visa process with tailored strategies that meet your specific needs, ensuring compliance and maximizing your chances for a successful application.