Practice Area: Non-immigrant employment-based visas

Immigration Lawyer Handling Non-Immigrant Employment-Based Visas

At the Law Offices of Amelia L. Ramer in Reston, Virginia, the largest part of my immigration law practice is business immigration. This includes the E, H, L, O, P, R and TN non-immigrant visas. For more information on these visas, see the information below or contact my office for more information.

H-1B Visa

The H-1B non-immigrant visa is one that allows for temporary employment (6 years total and a possibility of additional years in certain circumstances) in the United States for foreign nationals. The H-1B visa enables American employers to hire highly educated individuals with the minimum of a U.S. Bachelor's degree (or the equivalent thereof) from a U.S. university in a specialty occupation. The H-1B is particularly desirable for employers searching for employees in a particular field due to the higher educational/experiential requirement and without the burden of undergoing an extensive recruitment process.

I am able to assist my clients with the Labor Certification Application (LCA) filed with the Department of Labor and which is an essential component of the H-1B petition. In addition, I can assist an H-1B applicant with a foreign university degree in obtaining the credential evaluation that will be required to confirm his/her foreign degree is the equivalent to a U.S. Bachelor's degree (or a Master's Degree or Ph.D. - where applicable).

There are a limited number of H-1B visas offered each year and if not timely filed, one may lose the opportunity for an H-1B visa and will have to wait until the next USCIS fiscal year when the new H-1B visas are issued. For this reason, the competition for an H-1B visa is intense and it is important to have an experienced lawyer advocating on your behalf.

The H1-B visa has "dual intent" which permits its holders to apply for adjustment of status while maintaining valid H-1B status. I have counseled many of my H-1B clients who are concurrently in the PERM/Permanent Resident process on the many issues inherent in these dual statuses and of which one must be aware.

E-1 and E-2 Visas

The E visa category is intended for foreign nationals who wish to trade or invest with business in the United States. To qualify, you must be from a nation which has entered into treaties with a treaty of friendship or treaty of commerce and navigation with the United States.

The E visa includes two categories: (a) E-1 Treaty Trader Visa; and (b) E-2 Treaty Investor Visa. They must engage in substantial economic activity to qualify. Each class in the E category has specific requirements. An individual who wishes to come to the U.S. to carry on substantial trade, principally between the U.S. and his/her own country, may apply for a treaty trader visa (E1). Someone who is going to the United States to develop and direct the operations of an enterprise in which he/she has invested, or is actively in the process of investing, a substantial amount of capital is welcome to apply for a treaty investor visa (E2). The category is popular because unlike the L-1 category, it is not necessary to maintain a business outside the U.S. and also because unlike L-1 status, E-1 and E-2 visas can be renewed every five years without limits.

L-1 Visa

The L-1 enables foreign companies to transfer executives and managers and/or technical personnel with "specialized knowledge" to work in the U.S. at one of its U.S. affiliate, parent, or subsidiary entities on a temporary work basis. The L-1 is a non-immigrant visa, and the L-1 holder can simultaneously intend to work temporarily in the U.S. for now, but permanently at some date in the future.

In order to be eligible, the employee must have worked for the company abroad for one continuous year out of the preceding three years. Further, in order to be eligible for the L-1 category, the employee must be offered a position in the U.S. as either a "Manager," "Executive" (referred to as an L1-A), or a person with "Specialized Knowledge" (referred to as an L1-B). Demonstrating that the offered, U.S. position and the prior, foreign position fit within these categories is vital to the success of the L-1 petition.

Contact me to speak with an experienced and knowledgeable immigration attorney on your non-immigrant visa application.

Law Offices of Amelia L. Ramer
2508 Charlestown Lane
Reston, VA 20191
Telephone 703-481-5650
Fax 703-481-5645