Employment Based Visas

Securing Work Opportunities in the U.S.

H-1B Visa

The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations. While the process can be complex, the experienced attorneys at Tello Law Firm are here to guide both employers and employees every step of the way.

Basics

Eligibility The H-1B visa is for workers in specialty occupations requiring at least a Bachelor's degree (or equivalent).
Employer Obligations Employers must file a certified Labor Condition Application (LCA) and pay the required wage.
Processing Time Standard processing takes about six months, with premium processing available for a 15-day decision.

Cap and Filing process

Cap 65,000 new H-1B visas are available each year, with an additional 20,000 for workers holding a U.S. Master's degree.
Filing Employers submit Form I-129, a certified LCA, supporting documents, and filing fees.
Employer Compliance Employers must follow strict rules regarding salary, working conditions, and job duties.

Extensions are possible, but workers must maintain qualifications, including necessary state or local licenses where applicable.

E-2 visa for investors: Your Path to U.S. Business Success

The E-2 Investor Visa offers a valuable opportunity for foreign nationals from treaty countries to invest in and manage a U.S. business. This visa is ideal for those looking to actively contribute to the growth of a business, whether it's a new venture, an established enterprise, or a franchise.

Eligibility Requirements for an E-2 Visa:

Treaty Country You must be a national of a country that has a treaty of commerce and navigation with the U.S.

Substantial Investment Your investment in the U.S. business must be significant and sufficient to ensure its success.

Active Business The business must be a real, active, and operational enterprise; speculative investments do not qualify.

Non-Marginal Business The business must generate more than just enough income to support you and your family; it must also create jobs or have a broader economic impact.

Control of Investment You must have control over the funds and assume the financial risks involved in the business.

Who Can Apply for an E-2 Visa?

Foreign nationals who wish to develop and direct their U.S. investment qualify. This includes:

Investors Individuals making substantial investments in a U.S. business.
Managers and Executives Individuals with managerial or executive roles in the business.
Essential Employees Workers with specialized skills essential to the business's operation.

Application Process:

E-2 Visa applicants can apply through a U.S. embassy or consulate in their home country. If you're already in the U.S., you may also be able to apply for a change of status. The process generally requires:

Form DS-160

Nonimmigrant Visa Electronic Application.

Form DS-156E

Treaty Investor application (for executives, managers, and essential employees).

Supporting Documents

Proof of investment, business viability, and the relationship between the applicant and the enterprise.

Benefits of the E-2 Visa

Work and Live in the U.S. The E-2 Visa allows you to live and work in the U.S. for the duration of your investment.
Family Benefits Your spouse and children under 21 can join you. Your spouse can also apply for work authorization.
Unlimited Extensions As long as your business remains active and meets E-2 requirements, you can apply for unlimited extensions.

TN Visa: Work in the U.S. Under the USMCA

The TN Visa allows professionals from Canada and Mexico to work in the United States under the United States-Mexico-Canada Agreement (USMCA). This non-immigrant visa is available for individuals in specific professions, such as engineers, accountants, and lawyers, who meet the educational and professional requirements.

Eligibility Requirements

Qualifications Applicants must hold a relevant degree or credential (e.g., J.D. for lawyers, B.S. in Engineering for engineers) and have a job offer in a U.S.-based company.
Profession The job must align with the occupations listed in the USMCA (e.g., scientists, teachers, medical professionals).

Duration and Extensions

TN visas are initially valid for three years and can be extended indefinitely in three-year increments as long as the applicant maintains their non-immigrant status.

Application Process

Canadians Apply directly at a U.S. Port of Entry.
Mexicans Apply through a U.S. Consulate and attend a visa interview.

Family Members

Spouse and unmarried children under 21 can accompany the TN visa holder under TD status, but they cannot work in the U.S.

Employer Requirements

Employers do not need labor certification, making the TN visa a cost-effective option for hiring foreign professionals. The job must meet the qualifications specified by the USMCA.

Frequently Asked Questions

Can I extend my TN visa? Yes, TN visas can be extended in three-year increments.
Can my family join me? Yes, they can come under TD status but cannot work.
Can I transition to a green card? Yes, but the process is complex and requires legal guidance.

Get Legal Help for Your TN Visa

Navigating the TN visa process can be complex. Contact us today for assistance from an experienced immigration attorney who can help streamline the application process.