Business Immigration
U.S. immigration for founders, investors, executives and the companies that employ them.
U.S. immigration law separates two kinds of status. An immigrant visa, or green card, grants permanent residence. A nonimmigrant visa grants temporary status for a defined purpose, such as running an investment, transferring within a company or performing specialised work. The two follow different rules, and a temporary visa does not by itself lead to a green card. For founders, investors and executives, choosing between them, or planning a move from one to the other, is part of the business plan.
We prepare and file business and employment-based petitions for individuals and companies. Because the firm also forms companies, structures investments and drafts commercial agreements, the immigration strategy and the business behind it are built together.
How we help
- Assessing eligibility and choosing between temporary and permanent routes
- Evidence strategy and petition drafting
- Expert and recommendation letters
- Business plans and corporate structuring for E-2, L-1, EB-1C and EB-5 cases
- Responses to requests for evidence
- Consular processing abroad and adjustment of status in the United States
Green cards and visas
Employment-based green cards (immigrant visas)
EB-1A, extraordinary ability
For individuals with extraordinary ability in the sciences, arts, education, business or athletics, demonstrated by sustained national or international acclaim and recognition of their achievements in the field. No employer or job offer is required; the applicant may self-petition.
EB-1B, outstanding professors and researchers
For professors and researchers recognised internationally as outstanding in a specific academic area, with at least three years of teaching or research experience, sponsored by a qualifying employer.
EB-1C, multinational managers and executives
For managers and executives transferred by a foreign company to a related U.S. company where they have worked abroad for at least one of the past three years.
EB-2, advanced degree or exceptional ability, with a National Interest Waiver
For members of the professions holding an advanced degree, or individuals of exceptional ability in the sciences, arts or business, whose proposed work has substantial merit and national importance. The applicant may self-petition, without a job offer or labor certification.
EB-2 and EB-3 with labor certification (PERM)
Employer-sponsored green cards based on a permanent job offer, after the Department of Labor certifies that no qualified U.S. worker is available.
EB-5, immigrant investor
Permanent residence for investing the required minimum in a new U.S. commercial enterprise that creates at least ten full-time U.S. jobs, either directly or through a regional center.
Temporary business and employment visas (nonimmigrant visas)
E-2, treaty investor
For nationals of a country with a qualifying treaty with the United States who invest a substantial amount in a real, operating U.S. business and develop and direct it. Status may be renewed for as long as the business qualifies, but E-2 is not a green card and does not lead to one on its own.
E-1, treaty trader
For nationals of a treaty country whose business carries on substantial trade, principally between the United States and that country.
L-1A and L-1B, intracompany transfer
For managers, executives (L-1A) and employees with specialised knowledge (L-1B) of a foreign company transferring to a related U.S. company, including to open a new U.S. office.
O-1A and O-1B, extraordinary ability
O-1A is for individuals with extraordinary ability in the sciences, education, business or athletics, demonstrated by sustained national or international acclaim. O-1B is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Both require a U.S. employer or agent as petitioner.
H-1B, specialty occupation
For professionals in roles that require at least a bachelor’s degree, sponsored by a U.S. employer and generally subject to an annual lottery.
TN and E-3
Professional visas for Canadian and Mexican nationals (TN) and Australian nationals (E-3).
From temporary to permanent
Many clients start on a temporary visa and later apply for a green card. An L-1A executive may qualify for EB-1C; an O-1 holder may qualify for EB-1A; an E-2 investor needs a separate immigrant petition, such as EB-1C, EB-2 NIW or EB-5. We plan the business and the record from the start so that the later green card case is supported.
How a case runs
Assessment
We review your background, business and goals, and identify every realistic pathway.
Strategy
We choose the strongest route and plan the evidence, the company structure and the timeline.
Evidence
We build the record: exhibits, expert letters, business plans and corporate documents.
Filing
We draft and file the petition, with premium processing where it helps.
Follow-through
We respond to any request for evidence and guide you through the consulate or adjustment of status.
Who we act for
- Founders and entrepreneurs
- Investors
- Executives and managers
- Researchers and professionals with distinguished records
- Companies relocating key personnel
Questions clients ask
Is an E-2 visa a green card?
No. E-2 is a temporary, nonimmigrant visa. It can be renewed while the investment and business continue to qualify, but permanent residence requires a separate immigrant petition.
What is the difference between EB-1A and EB-2 NIW?
Both are green card categories that allow self-petition. EB-1A requires extraordinary ability shown by sustained national or international acclaim. The EB-2 National Interest Waiver requires an advanced degree or exceptional ability and proposed work of substantial merit and national importance.
What is the difference between E-2 and EB-5?
E-2 is temporary status for treaty nationals who invest a substantial amount in a business they run; there is no fixed minimum and no job-creation requirement. EB-5 grants permanent residence, requires a set minimum investment and the creation of at least ten full-time U.S. jobs, and is open to all nationalities.
Are Kyrgyzstan and Kazakhstan treaty countries for E-2?
Yes. Nationals of both countries are eligible for the E-2 treaty investor visa, subject to the other requirements.
Can my company transfer me to open a U.S. office?
Yes. The L-1A new-office visa allows a manager or executive of a foreign company to establish a related U.S. company, provided suitable premises are secured. The initial period is one year, and an extension requires showing that the U.S. office is operating. L-1A executives may later qualify for an EB-1C green card.
Can I apply from outside the United States?
Yes. Visas and green cards can be obtained through consular processing at a U.S. embassy or consulate abroad. Applicants already in the United States in lawful status may be eligible to adjust status without leaving.
Discuss your matter with us.
Book a 60-minute consultation by video. If you engage the firm, the fee is credited toward your retainer.