Austin Work Visa Lawyer

E-1 Treaty Trader Visa

E-1 Treaty Trader Visas are available based on international trade between the United States and the treaty country. E-1 Visas are historically underutilized and overlooked. E-1 Visas are not limited to the import and export of traditionally defined commodities.

The scope of qualifying trade is broad and can accommodate a number of interesting possibilities. Specifically, the definition of trade, as defined by the U.S. department of State includes the following: “goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and news-gathering activities.”

What this means for you is that trade in a wide variety of goods or services may allow you to apply for immigration benefits under an E-1 Treaty Trader Visa. We have established a highly experienced team that can assess your business and determine whether an E-1 Treaty Trader Visa might be an option for you.

Our team of experts includes international attorneys, investors, bankers, tax specialists, certified public accountants, and business owners, all who are available to assist you in the process of setting up your business enterprise. At Wakefield Cardona, we understand the immigration process, from business formation through visa application. If you would like more information about Treaty Investor Visas, email tradervisa@wakefieldcardona.com

H-1B

H-1B Visas are a good option if your long term goal includes applying for permanent residency. Unlike other nonimmigrant visas, H-1B visas are “dual intent” meaning that you can generally pursue residency while in maintaining your H-1B nonimmigrant status.

The visa petitioner or sponsor must be a U.S. employer and must In order to qualify for an H-1B visa a U.S. employer must file a petition for a specialty occupation. Very basically, a specialty occupation requires a university degree or equivalent as the normal minimum for entry into the position. The analysis is more in depth, and we will gladly assess your position to make sure that it meets the criteria as set forth by current immigration law.

Numerical Limitations

H-1B Visas are currently capped at 65,000 per fiscal year. In addition, there are an additional 20,000 visas available for persons who have earned a master’s or higher degree from a United States institution of higher education.

The fiscal year begins on October 1, and ends September 30. Because of the limited number of visas, and the number of applicants applying, it is vital that your application is properly prepared and timely submitted in order to have any chance of securing an H-1B Visa.

If you are interested in applying for an H-1B visa, now is the time to meet with us and begin the process. Generally, H-1B visa applications must be submitted by the first part of April in order to be considered for the fiscal year which begins the following October. For more information or to set up a consultation please email us at manager@wakefieldcardona.com

L-1 Intracompany Transfers

L-1 Visas applications allow international companies to transfer employees who have been employed outside of the United States for at least one of the preceding three years to the United States. Typically, the position in the United States must be in a managerial or executive capacity (L-1A) or involve special knowledge (L-1B).

The candidate must enter the United States and continue to work in either a managerial, executive, or special knowledge capacity. As with H-1B visa, L-1 status may be maintained while an application for permanent residency is pursued. L-1 status is limited to six years.

TN Visas

Nationals of Canada and Mexico may be eligible for a TN temporary nonimmigrant employment visa as part of the North American Free Trade Agreement (NAFTA). TN work visas are typically given for one to three year periods of authorization. Unlike other visa options, there is no limit to the amount of time that be spent in TN status. So long as the position and sponsoring employer wish to employ a TN visa holder, the TN visa holder can apply for an extension of visa status.

TN visas are limited to certain designated professions and professional fields. Most eligible categories require as a minimum a bachelor’s degree for entry into the position. However, there are some positions which allow experience in the field to be substituted, or alternatively two years of post secondary studies, plus experience.