U.S. Immigration

We work with you to build fast, reliable immigration programs to help you build and sustain your workforce efficiently and predictably.

T&S focuses on helping U.S. employers acquire the foreign talent they need. Whether your employees are coming from abroad, transferring from one business location to another, or graduating from a U.S. university, T&S offers careful analysis and assessment of each application, allowing you to ultimately choose the best and most reliable visa category for a particular company or individual.

We evaluate the strengths and weaknesses of each candidate and case, with an eye toward how the case will evolve as time goes on. To help employers build capacity, we develop an efficient procedure that streamlines information gathering and document processing so visas are handled as expeditiously as possible.

Temporary Work Visas

Efficient procedures that streamline information gathering and document processing so visas are handled as expeditiously as possible.

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H-1B visas for specialty occupation workers

Foreign national workers who wish to temporarily work in the U.S in a professional occupation (meaning one that requires at least a bachelor’s degree or its equivalent) can apply for an H-1B visa. This is the most common type of work visa and it is used across industries.

H-1B cap and lottery

Each year Congress sets the cap for H-1B work visas. The cap is 65,000, with an additional 20,000 set aside for a U.S. earned Masters or higher exemption. In the past, approximately one in three applicants were awarded a visa number in the random lottery but this will depend on the number of entrants in each given year. The lottery process changed in 2020 to allow for a registration process first (In March) and then filings for those who received a lottery number in a 90 day window thereafter (in 2020 between April 1 and June 30).

L-1A and L-1B Visas for intra-company transferees

The “intra-company” L-1A and L-1B is designed for companies with overseas operations that need to temporarily transfer their employees to a related entity in the U.S. Both Managers/Executives (L-1A) and other workers with specialized knowledge (L-1B) can qualify.

TN-NAFTA Visas

The North American Free Trade Agreement (NAFTA), now also known as USMCA, allows citizens of Canada and Mexico to apply for temporary work authorization in the U.S. if they fit within specific occupations within the treaty.

E-1 and E-2 Treaty Investor and Trader Visas

Individual foreign investors, foreign entities, (and in some cases, executive or supervisory employees of the investor or entity) may qualify for an E-1 or E-2 visa provided they are nationals of countries that have signed bi-lateral Treaties of Friendship, Commerce and Navigation with the U.S. Treaty Traders (E-1) must be citizens of a qualifying treaty country and must engage in or be employees of companies that are qualifying treaty traders and have substantial bilateral trade to/from the US and the treaty country. Treaty Investors (E-2) must be citizens of a qualifying treaty country and they and/or the company they work at must be a Treaty Company and make a “substantial investment” in a U.S. Enterprise.

Other Treaty-Related Professional Visas

Treaties between the U.S. and other countries may allow for temporary work authorization for citizens of those counties. The E-3 visa allows citizens of Australia who wish to work in the U.S. in a professional occupation to apply for work authorization. The H-1B1 allows citizens of Singapore and Chile to similarly apply. The requirements for all of these are comparable to an H-1B visa.

O-1 Extraordinary Ability Visas

The O-1 visa is designed for individuals with proven extraordinary ability in the Sciences, Arts, Education, Business, or Athletics, or extraordinary achievement in motion picture or television productions who wish to work temporarily in the U.S. on a project or event in their area of expertise.

Student work options

Students in F-1 or M-1 status may be eligible for employment authorization in specific circumstances. This includes on campus employment, work during school breaks, work during the school year for pay or credit, or work after graduation. The type of work, hours, and other restrictions may apply. Obtaining work authorization after graduation is a common way for individuals to be hired in the U.S. and it may serve as a stepping stone to other work visas.

Cultural Exchange Visa Work Options

Foreign nationals coming temporarily to the US to participate in an established international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture and traditions of their country of nationality are eligible to apply for a Q-1 Cultural Exchange visa. The J-1 is a similar visa that allows individuals to come to the U.S. for training or learning in specific fields and positions including foreign exchange students, au pairs, and visiting professors or researchers.

Visitor visas

Foreign nationals may come to the U.S. for a variety of reasons. Those coming for short term business-related activities such as meetings or conferences may be eligible to apply for a B-1 visa. Those who are visiting for non-business short term reasons such as tourism or medical appointments may apply for a B-2 visa. Individuals from certain participating countries may be able to enter the U.S. in B-1 or B-2 status without having an actual visa if they are eligible for entry under the Visa Waiver program (VWP – now known as ESTA).

Permanent Residency and Citizenship

T&S provides expertise and specialized assistance with obtaining permanent residency (green cards) and citizenship for our clients.

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Permanent Residency (green card)

Permanent Residency, also known as the “Green Card”, allows foreign nationals to work and live in the U.S. permanently. Typically, a worker applying for a Green Card must be sponsored, which means an organization such as an employer, files a petition on their behalf. However, there are many other types of Green card petitions including those based on Family relationships. These petitions are normally a multi-year, multi-step process that runs parallel to the temporary work visa or stay in the U.S.

Citizenship

After going through the process of obtaining a work visa or other temporary status, and then Permanent Residency (green card), many individuals want to complete their immigration journey by applying for U.S. citizenship. From application, to oath of allegiance, to the issuance of a U.S. passport, T&S provides expertise and specialized assistance with obtaining citizenship for our clients.

Key Contacts

Robin Paulino

Partner

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