Corporate Immigration Services

Corporate immigration law refers to the legal framework that governs how businesses sponsor, hire, and retain foreign talent. It covers work visas, employment-based green cards, compliance with government regulations, and the legal responsibilities of employers when hiring foreign workers.

The U.S. work visas are:

• E-1 Visa: For citizens from treaty countries to work and enter the U.S. for commercial purposes
• E-2 Visa: For investors and entrepreneurs from treaty countries
• E-3 Visa: For Australian citizens looking to work in specialty occupations that typically require a bachelor’s degree
• H-1A Visa: For temporary nonimmigrant agricultural workers
• H-2A Visa: For temporary nonimmigrant agricultural workers when there aren’t enough domestic workers available for these positions
• H-1B Visa: For skilled workers in specialty occupations
• H-2B Visa: For temporary non-agricultural workers
• I Visa: For foreign media professionals
• J-1 Visa: Allows nonimmigrants to participate in educational and cultural exchange programs
• L-1 Visa: For intra-company transferees moving to a U.S. branch
• L-1A Visa: For multinational companies transferring key nonimmigrant employees to work at a U.S. branch
• L-1B Visa: For nonimmigrant employee transfers from multinational companies who possess specialized expertise
• M Visa: For foreign nationals visiting China for commercial trade activities
• O-1 Visa: For individuals with extraordinary abilities
• O-2 Visa: For essential nonimmigrant personnel to an O-1 visa holder
• O-3 Visa: For full or part-time students living with their family in the U.S.
• P-1 Visa: For athletes, entertainers and their coaches and personal support staff
• P-3 Visa: For foreign artists or entertainers participating in a cultural program
• Q Visa: For nonimmigrants participating in international cultural exchange programs
• R Visa: For temporary nonimmigrant religious workers
• TN Visa: For Canadian and Mexican professionals under NAFTA/USMCA

Employers must comply with immigration laws by filing necessary visa petitions and labor certifications, ensuring employees maintain legal work authorization, and keeping accurate employment and immigration records. They must also adhere to Department of Labor and USCIS regulations while avoiding discrimination based on nationality or immigration status.

Noncompliance with immigration laws can lead to serious consequences for employers, including fines and penalties from the Department of Labor or USCIS. They may also face denial or revocation of work visas and green cards for their employees, as well as civil or criminal liability for hiring unauthorized workers. Additionally, companies risk reputational damage and potential bans on hiring foreign talent in the future.

The timeline for corporate immigration varies based on visa type, country of origin, and processing times of USCIS, the Department of Labor, and consular offices. H-1B visas can take several months, though premium processing may reduce this to a few weeks.
L-1 visas may take a few months, depending on company eligibility for expedited processing. Employment-based green cards can take several months to years, influenced by priority dates and quotas.

The H-1B visa has an annual cap of 85,000 visas (65,000 for general applicants and 20,000 for U.S. advanced degree holders). Due to high demand, USCIS conducts a lottery to select applications randomly. Employers must register in March, and if selected, they can file a full H-1B petition. Some employers, such as universities and nonprofit research institutions, are cap-exempt.

Provided by the DOL (Department of Labor), FLAG (Foreign Labor Application Gateway) is a cloud-based online portal for filing PERM (Permanent Labor Certification) applications. Employers must submit the necessary documentation to apply for PERM — a document confirming job position availability for foreign workers seeking a green card.

The ability to change employers depends on the visa type. H-1B workers can switch employers, but the new employer must file an H-1B transfer petition. L-1 visa holders generally cannot change employers unless they transition to a different visa type. O-1 visa holders require a new petition from the new employer. Additionally, changing employers may impact an employee’s green card process.

Yes, foreign employees can work remotely from their home country, but employers must consider local labor laws and tax obligations, potential immigration consequences for future U.S. visa applications, and compliance with data security and company policies.

Certain work visas (H-1B, L-1, O-1) allow employees to bring dependents (spouse and children) on visas like H-4 or L-2. Some dependents may be eligible for work authorization.