November 5

Developing a Business Immigration Plan

How a company approaches business immigration is a determining factor in whether or not they can fill vital roles. A strategic approach to business immigration proves immensely beneficial when hiring foreign nationals to fill specialty occupations. 

It's no secret that getting a U.S. visa has become more complex. Thus, having a solid visa strategy is essential for getting visa cases approved. Our method helps companies analyze the procedures and processes they use to hire personnel from another country.

Companies look at immigration challenges from a business perspective and employees personally. We develop visa strategies in consultation with both the employer and the employee.

When it comes to H-1B visas, the main obstacles are getting through the lottery and getting the case approved. 

For most work visa petitions, there is a petitioner and a beneficiary. Such visas include the H-1B, O, P and L visas in addition to employment-based green cards.

In most cases, the petitioner will be the company. The exception is for agent-based O, P, and EB1 visa petitions. An individual can be a self-petitioner, but they are still required to work with a company or agency.

In our strategy sessions, we find every visa type available and go through all options with the company. For example, these visa types may be a good alternative for a company seeking H-1B workers.

  • H-3 visa for training programs.
  • J-1 visa for trainees or interns.  
  • TN visa for Canadian or Mexican citizens – is a treaty NAFTA visa.
  • H-1B1 program for Singapore and Chile.
  • E-3 visa for Australians.  
  • E-2 visa for an essential employee of a company with foreign ownership or who wants to own a company.
  • L-1 visa for intra-company transfers.

In other cases, companies want to hire students under the Optional Practical Training (OPT) or Curricular Practical Training (CPT) programs. Companies must strictly follow all regulations, especially when transitioning OPT and CPT cases into H-1B petitions.

Many businesses receive H-1B petition denials because they incorrectly filed the initial OPT or CPT. The tiniest error is cause for the United States Citizenship and Immigration Services (USCIS) to determine a person has improperly worked under an OPT or CPT. 

Filing errors become particularly devastating when the person has a great job offer and is in the process of getting their H-1B approved. People can suddenly find themselves out of status because unlawful presence begins to accrue at the time of the violation.

Our holistic approach to immigration means we analyze all documents (offer letters, contracts, business plans, etc.). We check for minor mistakes that can be cause for a "gotcha" from immigration officials. 

After document analysis, we suggest language conveying the company's right to control and citing corresponding evidence of day-to-day organizational documents.

Our industry-leading visa petitions set out complete arguments addressing potential issues in the initial petition. (Based on the latest case law, agency appeals, decisions, RFEs, policy, and regulations.)

We submit full-color, magazine-style briefs with evidence and case analysis. Our legal briefs are supported by winning strategies and leading authority, plus supporting documentation (letters, expert letters, business plans, and more).

Our law firm specializes in designing business immigration plans that get more visas approved at a fraction of the cost.

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About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas

Jon is an Amazon number one best-selling author of H-1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon was also pivotal in the Cherokee Freedmen Supreme Court case.


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