Business Immigration Case Management Software

About Business Immigration

Business immigration covers the temporary visas and green card routes that let U.S. employers hire and keep foreign workers, and let treaty investors and people with extraordinary ability work in the United States. Most cases involve two clients at once, the employer or petitioner and the employee or beneficiary, plus family members who follow in derivative status.

Temporary cases usually run on Form I-129 with USCIS, sometimes after a DOL Labor Condition Application, and many end with a visa application at a U.S. consulate. Green card cases follow the employment-based preferences: EB-1 and the EB-2 National Interest Waiver need no labor certification, while most other EB-2 and EB-3 cases need a certified PERM application before the Form I-140.

Clients This Case Type Helps

• U.S. employers hiring specialty occupation workers
• Multinational companies transferring managers and specialized staff
• Researchers, executives, artists and athletes with top credentials
• Treaty country investors and traders running U.S. businesses
• Canadian and Mexican professionals under the USMCA
• Workers moving from temporary status to a green card

Main Case Categories

• H-1B: specialty occupations that require a bachelor's or higher in a specific specialty, with a certified LCA and Form I-129.
• L-1: managers and executives (L-1A) and specialized knowledge staff (L-1B) with one continuous year abroad at a related company.
• O-1: extraordinary ability in the sciences, education, business, athletics or the arts, or extraordinary achievement in film or TV.
• E-1 and E-2: treaty nationals carrying on substantial trade, or investing substantial capital in a bona fide U.S. enterprise.
• TN: citizens of Canada or Mexico in a prearranged job in a profession listed in the USMCA.
• PERM: the DOL labor certification most EB-2 and EB-3 cases need before the employer files Form I-140.
• EB-2 NIW: advanced degree or exceptional ability workers whose endeavor is in the national interest, by self-petition.
• EB-1: extraordinary ability, outstanding professors and researchers, and multinational managers and executives.

Consultation Screening Questions

1. Who is the sponsor: a U.S. employer, a U.S. agent, a related foreign company, a treaty enterprise, or the worker alone?
2. What is the worker's current status, I-94 expiration date and full history of U.S. entries and status changes?
3. What degrees, licenses and years of experience does the worker have, and do they match the job's requirements?
4. Is the worker a citizen of Canada, Mexico or a treaty country, and has the worker worked abroad for a related company?
5. Is the goal a temporary visa, a green card or both, and has any employer filed an H-1B, PERM or I-140 before?
6. Has the worker ever overstayed, worked without authorization, been refused a visa, had a petition denied or been removed?
7. Are there arrests, charges or convictions in any country that need review before filing?
8. What deadlines are ahead: cap registration, a status expiration, the H-1B six-year limit or a job start date?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.