Employers

Visa Information for Employers

The Austin L-1 and TN visa attorney of Lyttle Law firm have established a reputation for excellence in immigration law. We have successfully represented numerous employers who currently employ or seek to hire foreign professionals. Our firm is dedicated to helping multinational and international U.S. employers diversify their workforce by sponsoring qualified individuals to live and work in the United States. We provide stellar service to clients in Texas and other states.

Employers have many options to sponsor qualified foreign employees who want to enter, work, or remain in the United States. Studies have shown that a diverse work force means “good business” because immigrants contribute their expertise, language skills, and work ethic to any enterprise. But in order to recruit and hire foreign workers, employers must first obtain the proper visa. The most common visas used by sponsoring U.S. employers are the H-1B, L, and TN visas. A qualified immigration attorney can help you find the proper visa to fit your needs.

The H-1B visa applies to foreign employees who are qualified to perform services in a “specialty occupation,” jobs related to the Department of Defense (DOD), and other work requiring “exceptional” merit or ability. In order to be eligible, the applicant’s prospective employer must extend a job offer to candidates meeting specific criteria. Specialty occupations and DOD workers in research and development require a bachelor’s degree or higher and the relevant license to practice. The employee may hold an equivalent foreign degree or training, but is required to have the appropriate expertise necessary to carry out duties related to the specialty. Employers may also obtain visas for prominent fashion models of “distinguished merit and ability. Except for DOD workers, H-1Bs generally require that the employer first file an approved Labor Certification Application with the Petition for Nonimmigrant Worker.

L-1 visas allow U.S. employers to transfer foreign executives, managers, or other employees with specialized knowledge within the same company. The L-1A classifications does not require that the foreign company have an established affiliation with an office in the United States, but permits the foreign executive or manager to come to the United States with the purpose of establishing one. To qualify for an L-1 classification, employers must show a “qualifying relationship” with a foreign company or affiliate with which they currently conduct or plan to do business. Although this visa does not require proof of “international trade,” employers must still demonstrate a true business relationship evidenced by a consistent “provision of goods or services” through a qualifying foreign organization.

TN visas permit Canadian and Mexican professionals temporary entry into the U.S. to engage in business activities. This is made possible by the special relationship between the U.S. and its neighbors under the North American Free Trade Agreement (NAFTA). Engineers, accountants, scientists, lawyers, and other professionals are all eligible for this nonimmigrant classification so long as they have a prearranged job with a U.S. employer. NAFTA professionals are granted an initial 3-year period of stay, which can be renewed if they want to remain in the U.S. In order to extend their stay, TN visa holders must file a request on Form I-539, Application to Extend/Change Nonimmigrant Status before their stay expires. Remaining in the U.S. without authorization could bar the foreign national’s return to the U.S. or even trigger deportation.

If you are a U.S. employer sponsoring a foreign professional, experienced Austin L-1 and TN visa lawyer Daniella Lyttle and her highly trained staff at the Lyttle Law Firm can help. We are renowned leaders in immigration law. Our firm has successfully handled all types of cases requiring employment-based visas, helping multinational employers and foreign workers from all over the world. At Lyttle Law Firm, we know that the laws to enter and remain in the United States are daunting. That is why we are dedicated to using our legal acumen and experience to find creative solutions to your immigration problem. Whether you need a nonimmigrant visa or seek permanent legal status, we can advise you of all your legal options. We have provided diligent representation to sponsoring U.S. employers for years. For a confidential consultation, call (512) 215-5225 or contact us online.

Austin Immigration Lawyer Blog - Business Immigration