IMMIGRATION
- Immigration Practice
- Key Concepts in Employment Immigration
- Immigration Based on an Employment Relationship
- What Is Labor Certification?
- Types of Non-Immigration Visas for Employment
Corbin, Schaffer & Aviles' Immigration Practice was formed with the addition of Ann Lamdin to the firm in 1999 and provides employment based immigration work. For small, medium and large multi-national or United States businesses and start-up operations, we are prepared to assist you through the labyrinth of the immigration process and will assist you in developing a strategy to obtain residency in the United States for your employees and their families.
IMMIGRATION PRACTICE
Ann L. Lamdin manages the firm's immigration practice. Ms. Lamdin is a 1987 honors graduate of the University of Maryland School of Law. She has practiced immigration and employment law throughout her career, representing employers in connection with employment-based immigrant and nonimmigrant visa petitions of all types. Ms. Lamdin represents employers in a variety of industries, including high-tech, medicine, education, banking, finance, manufacturing, insurance, and others.
CSA's immigration practice is experienced in all aspects of corporate immigration law, particularly mult-national non-immigrant visa and permanent residency work. We have a complete understanding of the process and complexities involved in immigration.
CSA's immigration practice represents a broad range of corporate and individual clients with their immigration needs and has a broad range of experience in such industries as finance, high-technology, insurance, electronics, and health care. These clients are based through the United States, Latin America, Canada, Australia, Europe and Asia.
The immigration practice assists its clients in a broad range of immigration matters including:
- Corporate planning of both permanent and temporary international transfers of personnel
- Advocacy and representation of clients' interests before legislative bodies and administrative agencies
- Obtaining all types of U.S. non-immigrant visas including: professional visas (H-1B); intracompany transferee visa (L-1); treaty trader/investor visas (E-1/E-2); student visas (F-1); scholar and exchange visas (J-1); and extraordinary ability/artist/athlete visas (O and P)
- Obtaining US permanent residence through employment, investment and family relationships
- Compliance with the employer sanctions and antidiscrimination provisions of the immigration law
- Litigation in the federal courts and before United States Administrative Law Judges
We have a particular expertise in obtaining permanent and temporary immigration planning for high technology workers, scientists, engineers, executives and other high profile personnel as well as foreign student and scholar programs.
KEY CONCEPTS IN EMPLOYMENT IMMIGRATION
United States Citizen
Citizenship in the United States can be acquired in many ways, including through birth in the United States, birth to United States citizen parents abroad, or through a legal procedure known as naturalization. Generally, in order to become a United States citizen through naturalization, an alien must, among other things, already be a permanent resident of the United States.
Permanent Resident of the United States
A permanent resident of the United States is an alien who has permission from the United States government to reside permanently in the United States. A permanent resident of the United States has the right to engage in any lawful employment in the United States and the obligation to pay United States income taxes.
A person who holds a "green card" (also known as an "alien registration receipt card") is a permanent resident of the United States.
Nonimmigrant
An alien who comes to the United States temporarily for a specific purpose is known as a nonimmigrant. Some of the more common reasons for non-immigrants to come to the United States include: to study at a United States college or university; to work for a particular employer in a particular and usually specialized or a high level job; to travel for business or pleasure within the United States; to participate in international cultural exchange programs; or to work for certain international organizations.
Non-immigrants are entitled to reside in the United States for a limited amount of time and, in some circumstances, are allowed to work in the United States. Non-immigrants can, in some circumstances, become permanent residents of the United States.
IMMIGRATING BASED ON AN EMPLOYMENT RELATIONSHIP
United States immigration law divides employment-based immigrants into the following five basic categories: priority workers, professionals holding advanced degrees or aliens of exceptional ability, other workers, special immigrants, and investors.
Priority Workers
This category includes aliens of extraordinary ability in the arts, sciences, education, business or athletics; outstanding professors and researchers; and certain multinational executives and managers. Significantly, no labor certification (see discussion below) is required for priority workers. Given the relatively large number of visas available to priority workers, there is currently no backlog in this category, and individuals who can meet the requirements of the priority worker category can expect to become lawful permanent residents in a relatively short period of time.
Professionals Holding Advanced Degrees or Aliens of Exceptional Ability
As its name suggests, this category is available to professionals who have advanced degrees (meaning something more than a bachelor's degree) and to workers of exceptional ability (meaning workers whose employment will "prospectively substantially benefit the United States"). In general, a labor certification (see discussion below) is required for this category, although the requirement can be waived in cases where such a waiver is deemed by the Attorney General to be in the national interest.
Other Workers
This category includes professional employees with bachelor's degrees, skilled workers with two years of training/experience, and certain unskilled workers. A labor certification is required for this category.
Special Immigrants
This category covers several miscellaneous types of immigrants, including ministers and religious workers.
Investors
This category permits individuals with at least one million dollars to invest in a new commercial enterprise in the United States to obtain permanent resident status. The enterprise in which the investment is made must employ a minimum of ten United States workers on a full-time basis. To qualify, the new commercial enterprise must be:
- established by the alien;
- one in which the alien has invested, or is in the process of investing, at least one million dollars (or at least $500,000 if the business is in a rural or high unemployment area);
- one which will benefit the United States economy and create full-time employment for no fewer than ten United States workers (not including the immigrant or his immediate family).
WHAT IS A LABOR CERTIFICATION?
Labor certification, also sometimes called alien labor certification, is in the process by which the Department of Labor tests the labor market to determine whether US workers are available for a particular job. By issuing a labor certification, the Department of Labor certifies that US workers are unavailable for the position and that the employer is paying the prevailing wage. The purpose of the labor certification requirement is to balance the need to protect the United States labor market from competition from foreign workers, with the legitimate interest of United States employers in hiring foreign workers with skills which are not available in the domestic work force.
TYPES OF NONIMMIGRANT VISAS FOR EMPLOYMENT
B-1 Business Visitor Visa
B-1 visas are reserved for aliens regularly employed outside the United States who must visit the United States for short periods of time (generally, less than six months) to conduct legitimate business activities. Examples of permissible activities include soliciting sales and negotiating contracts for work to be performed outside the United States, purchasing goods produced in the United States, attending conferences or seminars, participating in litigation, consulting with business associates, or conducting market research. The alien may not engage in any ordinary or hands-on labor while in B-1 status. B-1 visa holders generally cannot be paid from United States sources and must maintain an unabandoned foreign residence. B-1 visa holders must intend to leave the United States at the end of their authorized stay.
L-1 Intracompany Transferee Visa
Click here to download the L-1 Visa Checklist
This visa is available to an alien employee who, within the three years preceding his filing of an application to enter the United States, has served full-time for at least one year in a managerial, executive or specialized knowledge capacity with the entity seeking to employ him in the United States or with a parent, subsidiary or affiliate of that entity.
The maximum period of authorized admission on an L-1 visa for managers and executives is seven years. For aliens with "specialized knowledge," the maximum authorized period of admission is five years.
E-1 and E-2 Treaty Visas
The E-visa category is particularly useful for business personnel seeking entry into the United States for extended periods of time to fulfill an essential role or provide essential skills to an enterprise that engages in substantial trade between the United States and a foreign country or that represents a major foreign investment in the United States.
E-1 and E-2 visas differ from other categories because applicants are processed directly by the State Department's consular officers, not by the Bureau of Citizenship and Immigration Services (BCIS). E visas can be valid for up to five years and provide for multiple entries into the United States. Some US Consulates issue these visas for shorter periods. At the end of each five-year or other valid period, an alien may apply to renew his visa for an additional five years. This ability to renew an E visa indefinitely is a tremendous advantage over other visa categories.
H-1B Temporary Worker Visa
Click here to download the H-1B Visa Checkllist
H-1B visas are well-suited for alien workers who are recent university graduates or professionals who have not yet worked for an overseas affiliate of the employer. Employers seeking H-1B visas for alien employees must prove that the occupation in which they seek to employ the alien employee requires specialized knowledge and attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.
H-1B visas are issued for a maximum period of six years. The alien is expected to return to his home country after his visa expires. Frequently, however, H-1B visa holders convert to permanent resident status before their visas expire. They may do so either based on a family-sponsored petition (e.g., marriage to a US Citizen) or a petition by the employer.
