Business Immigration Attorney in Houston, Texas

U.S. immigration law is difficult to understand, especially when it comes to businesses seeking to employ foreign nationals. Fortunately, at Calehr Law Firm, I focus on providing comprehensive assistance for business immigration matters.

Whether you are an employer looking to hire international talent or an entrepreneur aiming to establish a business in the United States, I can guide you through each step of the process. Contact Calehr Law Firm for legal counsel. 

I assist clients with a diverse range of immigration law matters in Houston, Texas, and throughout the Houston area, including Montrose, Greater Fifth Ward, Greater East End, Houston Heights, East Houston, Northside, Greater Uptown, Fort Bend, South Houston, and Clear Lake.  

Types of Business Visas 

Understanding the different types of business visas is crucial for determining which one best suits your needs. Below are some of the common categories: 

H-1B Visa 

The H-1B visa allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge and a college degree or equivalent work experience. This visa is particularly popular in industries like technology, engineering, and healthcare. 

H-1B Visa Process 

• Labor Condition Application (LCA): Employers must file an LCA with the Department of Labor outlining the terms of employment. 

• Petition Submission: Once the LCA is approved, the employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS). 

• Lottery System: Due to high demand, the H-1B visa often requires entering a lottery system. 

• Visa Stamping: Upon approval, the applicant attends a visa interview at a U.S. consulate. 

L-1 Visa 

The L-1 visa is designed for intra-company transferees who work in managerial positions or possess specialized knowledge. It facilitates the transfer of executives, managers, or employees with specialized skills from a foreign office to a U.S. branch. 

L-1 Visa Benefits 

• Dual Intent: L-1 visa holders can apply for a green card without jeopardizing their visa status. 

• Family Inclusion: Dependents of L-1 visa holders are eligible for L-2 visas, allowing them to live and, in some cases, work in the United States. 

Investor Visas 

Investor visas such as the E-2 and EB-5 enable foreign nationals to invest in the U.S. economy and gain residency status. 

E-2 Investor Visa 

The E-2 visa is for investors from countries that maintain a treaty of commerce with the United States. It allows the applicant to oversee and direct their investment in a U.S. business. 

E-2 Visa Requirements 

• Substantial Investment: Applicants must invest a significant amount of capital in a U.S. enterprise. 

• Operational Business: The business must be a real, active commercial entity generating profit. 

EB-5 Investor Visa 

The EB-5 visa grants permanent residency to foreign investors who invest at least $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. 

EB-5 Visa Steps 

• I-526 Petition: The investor files Form I-526 to establish eligibility. 

• Conditional Residency: Upon approval, the investor receives a two-year conditional green card. 

• I-829 Petition: After two years, the investor files Form I-829 to remove the conditions and obtain a permanent green card. 

Ensuring compliance with U.S. immigration laws is vital for avoiding legal issues and maintaining the integrity of your business operations. 

PERM Labor Certification 

The PERM labor certification process is essential for certain employment-based green cards. It requires demonstrating that no qualified U.S. workers are available for the position. 

• Job Advertising: Employers must advertise the job in various mediums to test the U.S. labor market. 

Audit Process: The Department of Labor may audit the application to verify compliance. 

Business Immigration FAQ 

What is the difference between an H-1B and an L-1 visa? 

The H-1B visa is for foreign workers in specialty occupations requiring specialized knowledge and a college degree or equivalent, commonly found in fields such as technology, engineering, and healthcare. The L-1 visa, on the other hand, is intended for intra-company transferees in managerial roles or those with specialized knowledge, allowing them to transfer from a foreign office to a U.S. branch. 

How long can I stay in the U.S. on an H-1B visa? 

H-1B visa holders can stay in the United States for an initial period of up to three years, which may be extended for a maximum of six years. Extensions beyond the six-year limit are possible under certain circumstances, such as pending green card applications. 

Can dependents of visa holders work in the U.S.? 

Dependent spouses and children of H-1B visa holders, who receive H-4 visas, can live in the United States but generally cannot work unless they receive special authorization. However, L-2 visa holders, dependents of L-1 visa holders, are eligible to apply for work authorization. 

What is required to maintain compliance with U.S. immigration laws? 

Employers must adhere to numerous regulations, including filing necessary petitions and applications, maintaining accurate records, and ensuring that the terms of employment for foreign workers comply with U.S. immigration laws. Regular audits and legal consultations are advisable to maintain compliance. 

Is it possible to transition from a temporary work visa to a green card? 

Yes, many temporary work visas such as the H-1B and L-1 offer pathways to permanent residency (green cards). H-1B visa holders often transition via employment-based green card categories, while L-1 visa holders can apply for a green card through their dual intent status. 

What is the minimum investment required for an E-2 investor visa? 

The E-2 investor visa requires a "substantial" investment in a U.S. business, but there is no fixed minimum amount. Generally, investments typically range from $100,000 to $200,000 or more, depending on the nature of the business. 

How does the EB-5 visa program work? 

The EB-5 visa program requires foreign investors to invest at least $1 million, or $500,000 in targeted employment areas, in a new commercial enterprise. This investment must create at least 10 full-time jobs for U.S. workers.

Upon approval, investors and their immediate family members receive conditional residency, which can be converted to permanent residency after meeting program requirements.