Practice Area: Non-immigrant employment-based visas

Non-immigrant employment-based visas: Immigration Lawyer

The largest part of my immigration law practice is business immigration. This includes the H, L and E non-immigrant visas.

H-1B visa

The H-1B visa allows American employers to hire educated and or experienced foreign workers to come work in the United States.  The H-1B is particularly desirable for employers in the computer and high-tech industries, because the American employer can obtain the H-1B without establishing a shortage of qualified U.S. citizens to work in these areas.

The  H-1B, while it is a non-immigrant visa, allows an individual to possess "dual intent,” namely, a simultaneous intention to either return to one's country of origin or to become a permanent resident of the U.S.  Other non-immigrant visas state that the visa holders will return to their own countries when their non-immigrant visa expires, which may require them to maintain a foreign residence throughout the term of their visa.

The H1-B visa also allows its holders to apply for adjustment of status while possessing it.  I have helped many of my H-1B clients obtain Permanent Resident Status, through the employment which granted them the H-1B visa.  This can be a long process, depending on which area of the country an applicant is in.

E-1 & E-2 visas

The E visa category is intended for persons from countries which have entered into treaties with the United States such as a treaty of friendship, treaty of commerce and navigation, or Bilateral Investment Treaty or other arrangements such as the North American Free Trade Agreement (NAFTA).

As long as E visa holders affirm that they will depart the U.S. upon the expiration of their authorized stay, they may prolong the duration of their visas indefinitely and do not need to demonstrate ties to their home country.

The E visa includes two categories: (a) E-1 Treaty Trader Visa; and (b) E-2 Treaty Investor Visa. Each class in the E category has specific requirements.  Canadian citizens are eligible for both E-1 and E-2 visas thanks to the provisions of NAFTA.

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 subsidiaries or affiliates.  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.

Contact me if you think I may be the immigration attorney you’re looking for.

Law Offices of Amelia L. Ramer
1516 Deer Point Way
Reston, VA   20194
Telephone 703-481-5650
Fax 703-481-5645