For those looking to launch or invest in a U.S. business, we handle EB-5 investor visas and E-2 treaty investor applications with a focus on compliance and success.

We guide employers and employees through PERM labor certification, I-140 petitions, and adjustment of status to secure permanent residency for foreign talent.

• Must be a national of an eligible country designated by the U.S. government.
• Must apply for the H-2B visa and be admissible under U.S. immigration law.
• If inadmissible, a worker may be able to obtain a temporary waiver to enter the United States.
• Entry into the U.S. requires approval from U.S. Customs and Border Protection at a port of entry.

Generally, H-2B workers will be allowed to stay in the United States for up to 1 year. However, most H-2A workers are allowed to stay in the United States for the period specified in the Labor Certification. H-2B visas may be extended for a maximum total period of 3 years. 

Spouses and unmarried children under 21 may accompany an H-2B visa holder on an H-4 visa, which is valid for the same period as the principal visa.

Important: H-4 visa holders are not authorized to work unless they obtain separate employment authorization.

The process involves multiple government agencies and strict filing timelines:

1. Temporary Labor Certification with the U.S. Department of Labor.
2. Petition Filing with U.S. Citizenship and Immigration Services (USCIS).
3. Consular Processing or Change of Status for workers.
4. Inspection and Admission at a U.S. port of entry.

Many U.S. companies place H-1B workers at client or third-party worksites. USCIS requires proof that the sponsoring employer retains the right to control the worker. This can be shown through:

• Service agreements
• Statements of work (SOWs)
• Purchase orders
• Detailed client letters

Challenge: Obtaining detailed documentation can be difficult—especially when vendors sit between the employer and the end client.

Beyond the above, the Department of Labor’s regulations also require workers in the same occupation at the same work location where the H-1B work is to be performed to receive notice of the filing of the LCA. Where workers are placed off-site, properly posting this required notice at the customer location often presents a challenge as well.

Common pitfalls include:

• Inadequate documentation proving specialty occupation status
• Weak evidence of employer control in third-party placements
• Improper LCA postings or lack of proof they were completed
• Missing deadlines due to the H-1B lottery and annual cap

• Eligibility Assessment: We determine if the role and worker qualify before filing.
• Evidence Preparation: We build strong documentation to prove degree requirements, employer control, and compliance.
• Third-Party Strategy: We work directly with vendors and clients to secure necessary agreements.
• Regulatory Compliance: We ensure all LCA postings and Department of Labor requirements are met.

Who Qualifies:

• Must demonstrate a level of expertise significantly above that normally encountered in the sciences, arts, medicine, business, or athletics.
• Must have a U.S. job offer aligned with the applicant’s exceptional ability.
• Employer must obtain a Labor Certification.
• Must meet at least 3 of the 7 USCIS criteria, including:

• Academic record showing a degree, diploma, or certificate related to the area of ability.
• Proof of at least 10 years of full-time experience in the occupation.
• Professional license or certification (if applicable).
• Evidence of a high salary or remuneration.
• Membership in professional associations.
• Recognition for achievements by peers, government, or professional organizations.
• Comparable evidence of eligibility.

Who Qualifies:

• Applicants request that the job offer and Labor Certification requirements be waived because their work benefits the United States.
• Must prove exceptional ability or advanced education and that the work is in the national interest.
• No employer sponsorship required—ideal for entrepreneurs, researchers, and experts in critical fields.
• Must meet at least 3 of the following criteria:

• Proof of academic qualification.
• At least 10 years of full-time experience.
• Professional license (if required).
• Evidence of high salary or compensation.
• Membership in professional associations.
• Recognition for contributions (awards, prizes, publications).
• Other comparable evidence.

Benefits: Greater independence and flexibility in pursuing your work in the United States.

The process varies by category but often includes:

1. Labor Certification (if required) – Employer proves no qualified U.S. workers are available.
2. Immigrant Petition Filing (Form I-140) – Filed with USCIS.
3. Consular Processing or Adjustment of Status – Final step to permanent residency.

Because EB-2 cases involve complex documentation and strict eligibility requirements, working with experienced attorneys is critical to success.

• Expert guidance in all EB-2 categories, including NIWs.
• Strategic case preparation to meet USCIS evidentiary standards.
• Full-service representation from eligibility assessment to final green card approval.

The employee must:

• Have worked for the qualifying organization abroad for at least one continuous year within the three years prior to entering the U.S.
• Be coming to the U.S. to work in an executive or managerial capacity for a branch, affiliate, or subsidiary of the same employer.

Executive Capacity:

• Directs the management of the organization or a major component.
• Establishes goals and policies.
• Has decision-making authority without substantial oversight.

Managerial Capacity:

• Manages a department, function, or organization.
• Supervises other employees and has authority to hire/fire.
• Controls budgets and daily operations.

For foreign employers sending an executive or manager to open a new U.S. office, the employer must show:

• Secured physical premises for the new office.
• The employee worked in an executive or managerial role for one continuous year within the three years before filing.
• The U.S. office will support an executive or managerial position within one year of petition approval.

• Dual intent: You can apply for a green card while on L-1A status (EB-1C category).
• Allows dependent spouses and children to accompany the visa holder under L-2 visas.
• L-2 spouses may apply for work authorization.
• Valid for up to 1 year initially for new offices or 3 years for existing offices, with extensions up to 7 years.

The process differs depending on your country of citizenship:

For Canadian Citizens:

• Apply directly at a U.S. port of entry (land border or airport pre-flight inspection).
• Present documentation proving citizenship, job offer, and qualifications.
• If approved, entry and TN visa status can be granted immediately.

For Mexican Citizens:

• Apply for a TN visa at a U.S. consulate or embassy in Mexico before entering the U.S.
• After visa issuance, present it at a U.S. port of entry for admission.

• TN status is granted for up to 3 years at a time and can be renewed indefinitely in 3-year increments.
• Employment is restricted to the sponsoring employer and the position listed in your application.
• Dependents (spouse and unmarried children under 21) may accompany you under TD status, but they cannot work in the U.S.

• Initial validity: Typically 2 years or more, depending on your nationality.
• Extensions: Can be renewed indefinitely in 2-year increments, as long as the business continues to meet E-2 requirements.
• Dependents (spouse and children under 21) may accompany the visa holder; E-2 spouses can apply for work authorization.

• No set minimum investment amount
• Renewable indefinitely while the business remains operational
• Ability to travel freely in and out of the U.S.
• Spouses can work and children can attend school in the U.S.
• Potential pathway to a green card through other visa categories