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Business immigration in the United States encompasses a complex web of visa categories, regulations, and procedures that can be overwhelming for employers and foreign nationals alike. Whether you're a multinational corporation seeking to transfer key executives, a startup looking to sponsor talented engineers, or an individual professional with extraordinary abilities hoping to work in the United States, understanding the nuances of employment-based immigration is essential for success.

At Modern Law Group, business immigration is one of our core practice areas. Our experienced attorneys have helped thousands of employers and foreign nationals navigate the intricacies of work visas and employment-based green cards. We represent clients across all industries—from technology and healthcare to finance, academia, and the arts—providing strategic counsel tailored to each client's unique circumstances and goals.

The stakes in business immigration are high. A denied petition can derail a company's strategic plans, separate families, and end careers. That's why our approach combines meticulous case preparation, deep knowledge of USCIS adjudication standards, and proactive communication to maximize your chances of success.

Overview of Business Immigration

The U.S. immigration system divides employment-based immigration into two main categories: nonimmigrant (temporary) work visas and immigrant (permanent) employment-based visas that lead to green cards. Understanding which category fits your situation is the first step toward developing an effective immigration strategy.

Nonimmigrant Work Visas

Nonimmigrant work visas allow foreign nationals to come to the United States temporarily to work for a specific employer. These visas are typically tied to a particular job and employer, meaning if you change employers, you may need to obtain a new visa or have your status transferred. Key nonimmigrant work visa categories include:

• H-1B: Specialty occupation workers with at least a bachelor's degree
• L-1A/L-1B: Intracompany transferees (managers, executives, and specialized knowledge workers)
• O-1: Individuals with extraordinary ability or achievement
• E-2: Treaty investors who invest substantial capital in a U.S. business
• E-1: Treaty traders engaged in substantial trade between the U.S. and their home country
• TN: Canadian and Mexican professionals under USMCA (formerly NAFTA)
• H-2B: Temporary non-agricultural workers
• R-1: Religious workers
• P-1: Athletes and entertainers

Immigrant Employment-Based Visas (Green Cards)

Employment-based immigrant visas provide a path to permanent residence (green card) in the United States. These visas are divided into preference categories based on the applicant's qualifications:

• EB-1: Priority workers (extraordinary ability, outstanding researchers, multinational managers)
• EB-2: Professionals with advanced degrees or exceptional ability (including National Interest Waiver)
• EB-3: Skilled workers, professionals, and other workers
• EB-4: Special immigrants (religious workers, certain government employees)
• EB-5: Immigrant investors ($800,000-$1,050,000 investment)

H-1B Specialty Occupation Visas

The H-1B visa is one of the most popular work visa categories for skilled professionals coming to the United States. It allows U.S. employers to hire foreign workers in "specialty occupations" that require theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree or its equivalent.

H-1B Requirements

To qualify for an H-1B visa, both the position and the beneficiary must meet specific requirements:

Position Requirements

• The position must be a "specialty occupation" requiring at least a bachelor's degree in a specific field
• The degree requirement must be common in the industry for similar positions
• The job duties must be complex enough to require the specialized knowledge of a degree holder
• The employer must be willing to pay at least the prevailing wage for the position

Beneficiary Requirements

• Bachelor's degree or higher in a field directly related to the position, OR
• Foreign equivalent of a U.S. bachelor's degree, OR
• Combination of education and progressively responsible work experience (3 years of experience = 1 year of education)
• Any required licenses or certifications for the occupation

The H-1B Cap and Lottery

The H-1B program is subject to an annual cap of 65,000 visas for new H-1B workers, plus an additional 20,000 visas for beneficiaries with U.S. master's degrees or higher. Because demand far exceeds supply—USCIS typically receives 400,000+ registrations for these 85,000 slots—a lottery system determines which petitions can be filed.

Cap-Exempt Employers

Certain employers are exempt from the H-1B cap and can file petitions year-round without going through the lottery:

• Institutions of higher education
• Nonprofit research organizations
• Government research organizations
• Nonprofit entities related to or affiliated with institutions of higher education

H-1B Process and Timeline

1. Labor Condition Application (LCA): The employer files an LCA with the Department of Labor, attesting to wage and working conditions. Processing takes approximately 7 days.
2. H-1B Registration (Cap Cases): For cap-subject cases, the employer registers during the March registration period and pays the $10 registration fee.
3. Lottery Selection: USCIS conducts the lottery and notifies selected registrations, typically by late March or early April.
4. Petition Filing: If selected, file the complete H-1B petition (Form I-129) within the 90-day filing window. Include all supporting documents.
5. USCIS Adjudication: Standard processing takes 2-6 months. Premium processing (additional $2,805) guarantees a response within 15 business days.
6. Visa Stamping (if abroad): If the beneficiary is outside the U.S., they must attend a consular interview to receive the H-1B visa stamp.
7. Entry and Employment: The beneficiary can begin work on or after the petition's start date (October 1 for cap cases).

H-1B Duration and Extensions

The initial H-1B visa is granted for up to 3 years, with extensions possible for up to 6 years total. Extensions beyond 6 years are available in certain circumstances:

• If a PERM labor certification or I-140 petition has been pending for at least 365 days
• If an I-140 petition has been approved but an immigrant visa number is not available

Feature	H-1B Details
Initial Duration	Up to 3 years
Maximum Duration	6 years (extensions possible beyond 6 years in certain cases)
Annual Cap	65,000 + 20,000 (U.S. master's exemption)
Dependents	H-4 visa for spouse and unmarried children under 21
Spouse Work Authorization	Available if H-1B holder has approved I-140 or is in 7th year extension
Premium Processing	Available ($2,805 for 15 business day processing)
Dual Intent	Yes—can pursue green card while on H-1B

L-1A and L-1B Intracompany Transferee Visas

The L-1 visa category enables multinational companies to transfer employees from foreign offices to U.S. offices. This is an excellent option for companies expanding into the United States or moving key personnel between international locations. There are two subcategories based on the employee's role.

L-1A: Managers and Executives

The L-1A visa is for intracompany transferees who will work in a managerial or executive capacity in the United States. This category offers several advantages, including a longer maximum stay and a direct path to the EB-1C green card category.

L-1A Requirements

• The employee must have worked for a qualifying organization abroad for at least 1 continuous year within the past 3 years
• The employee must be coming to work in a managerial or executive capacity
• A qualifying relationship must exist between the foreign and U.S. entities (parent, subsidiary, affiliate, or branch)
• Both entities must be doing business (goods or services) throughout the employee's stay

Definition of Manager/Executive

USCIS defines these roles specifically:

• Executive: Directs the management of the organization, establishes goals and policies, exercises wide latitude in discretionary decision-making, receives only general supervision from higher executives or the board of directors
• Manager: Manages the organization or a department/subdivision/function; supervises and controls the work of other supervisory, professional, or managerial employees, OR manages an essential function

L-1B: Specialized Knowledge Workers

The L-1B visa is for employees with "specialized knowledge" of the company's products, services, research, equipment, techniques, or management. This category is subject to more scrutiny than L-1A due to the subjective nature of "specialized knowledge."

Specialized Knowledge Definition

Specialized knowledge means either:

• Special knowledge: Knowledge of the company's product, service, research, equipment, techniques, management, or other interests and its application in international markets, OR
• Advanced knowledge: Advanced level of knowledge or expertise in the organization's processes and procedures

L-1 Duration and Comparison

Feature	L-1A (Manager/Executive)	L-1B (Specialized Knowledge)
Initial Duration	3 years (1 year for new office)	3 years (1 year for new office)
Maximum Duration	7 years	5 years
Green Card Path	EB-1C (no labor certification needed)	EB-2 or EB-3 (typically requires PERM)
Annual Cap	No cap	No cap
Dependents	L-2 visa (spouse can work with EAD)	L-2 visa (spouse can work with EAD)
Premium Processing	Available ($2,805)	Available ($2,805)

New Office L-1 Petitions

A U.S. company that has been operating for less than one year is considered a "new office" for L-1 purposes. New office petitions face additional scrutiny and have specific requirements:

• Initial approval is limited to 1 year (rather than 3 years)
• Must demonstrate sufficient physical premises to house the new operation
• Must show that the U.S. entity will support an executive or managerial position within one year
• Must provide detailed business plan showing projected growth and staffing

O-1 Extraordinary Ability Visas

The O-1 visa is designed for individuals who possess extraordinary ability in sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. This visa does not have an annual cap and allows for longer stays than many other work visa categories.

O-1A: Sciences, Education, Business, or Athletics

The O-1A category is for individuals with extraordinary ability in sciences, education, business, or athletics. "Extraordinary ability" means a level of expertise indicating that the person is one of the small percentage who have risen to the very top of their field.

O-1A Criteria (Must Meet 3 of 8)

• Awards: Receipt of nationally or internationally recognized prizes or awards for excellence
• Memberships: Membership in associations that require outstanding achievements for admission
• Published material: Published material in professional or major trade publications or major media about the person's work
• Judging: Participation as a judge of the work of others in the field
• Original contributions: Original scientific, scholarly, or business-related contributions of major significance
• Scholarly articles: Authorship of scholarly articles in professional journals or major media
• Employment in critical capacity: Employment in a critical or essential capacity for distinguished organizations
• High salary: Command of a high salary or remuneration compared to others in the field

O-1B: Arts, Motion Picture, or Television

The O-1B category has two sub-tracks: one for individuals of extraordinary ability in the arts, and another for those with extraordinary achievement in motion picture or television. The arts track uses similar criteria to O-1A, while the motion picture/television track has specific requirements demonstrating "extraordinary achievement."

Arts Criteria (Distinction in the Field)

• Nomination for or receipt of significant national or international awards
• Lead or starring role in productions with distinguished reputation
• Critical reviews or published materials demonstrating critical acclaim
• Commercial or critically acclaimed successes
• Recognition from organizations, critics, or government agencies
• High salary or remuneration compared to others in the field

O-1 Application Process

1. Gather Evidence: Compile comprehensive documentation demonstrating extraordinary ability across multiple criteria. Quality and quantity of evidence is crucial.
2. Obtain Advisory Opinion: A peer group, labor organization, or management organization in your field must provide a written advisory opinion about your qualifications.
3. File I-129 Petition: The U.S. employer or agent files Form I-129 with all supporting documentation and the advisory opinion.
4. USCIS Adjudication: Standard processing takes 2-4 months. Premium processing ($2,805) is available for 15 business day adjudication.
5. Consular Processing (if abroad): If approved and the beneficiary is outside the U.S., schedule a visa interview at a U.S. consulate.
6. Enter U.S. and Begin Work: Upon approval and entry, the O-1 holder can work only for the petitioning employer on the specified projects/events.

E-2 Treaty Investor Visas

The E-2 Treaty Investor visa allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter and work in the U.S. based on a substantial investment in a U.S. business. This visa is popular with entrepreneurs, franchise owners, and individuals seeking to start or purchase a business in the United States.

E-2 Requirements

• Treaty Country National: You must be a citizen of a country that has a qualifying treaty with the United States
• Substantial Investment: You must invest a substantial amount of capital in a bona fide U.S. enterprise. There is no fixed minimum, but typically investments of $100,000+ are considered more favorably
• At Risk: The investment must be "at risk" in a commercial sense—you cannot simply place funds in a bank account
• Marginality: The enterprise must be more than marginal—it must have the capacity to generate income beyond just supporting you and your family, OR it must have a significant economic impact
• Control: You must direct and develop the enterprise. This typically means at least 50% ownership
• Intent to Depart: Unlike H-1B or L-1, E-2 does not allow dual intent—you must intend to leave when your status ends

E-2 Treaty Countries

Not all countries have qualifying treaties with the United States. Some notable E-2 treaty countries include:

• Australia, Canada, Mexico, United Kingdom, France, Germany, Italy, Spain, Japan, South Korea, Taiwan, and many others
• Notably, China, India, Russia, and Brazil do NOT have E-2 treaties with the United States

E-2 Duration and Renewals

Feature	E-2 Details
Initial Duration	Up to 5 years (varies by country of nationality)
Extensions	Unlimited 5-year extensions as long as you qualify
Dependents	E-2 dependent status for spouse (can obtain work authorization) and children under 21
Green Card Path	No direct path—must pursue separate green card category
Minimum Investment	No fixed minimum (typically $100,000+ recommended)
Processing	Consular processing most common; can also file with USCIS

E-2 Essential Employees

E-2 visa holders may also bring essential employees to the United States. These employees must be the same nationality as the principal investor and must be coming to work in executive/supervisory capacity OR possess skills essential to the enterprise's operations.

EB-1: Priority Workers (Green Cards)

The EB-1 category is the highest preference category for employment-based green cards, reserved for priority workers with extraordinary abilities, outstanding researchers/professors, and multinational managers/executives. EB-1 cases do not require labor certification (PERM), making them faster and more streamlined than lower preference categories.

EB-1A: Extraordinary Ability

The EB-1A category is for individuals who can demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. This is the only employment-based green card category that can be self-petitioned—you don't need an employer sponsor.

EB-1A Criteria (Must Meet 3 of 10)

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations requiring outstanding achievements for admission
• Published material about you in professional or major trade publications
• Judging the work of others in your field
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
• Authorship of scholarly articles in professional or major trade publications
• Display of work at artistic exhibitions or showcases
• Performance of a leading or critical role in distinguished organizations
• High salary or remuneration compared to others in the field
• Commercial success in the performing arts

Meeting 3 criteria is the minimum threshold—USCIS will then conduct a "final merits determination" to assess whether the totality of evidence demonstrates you are among the small percentage at the very top of your field.

EB-1B: Outstanding Professors and Researchers

The EB-1B category is for internationally recognized outstanding professors and researchers with at least 3 years of experience in teaching or research. Unlike EB-1A, this category requires a job offer from a U.S. employer.

EB-1B Requirements

• At least 3 years of experience in teaching or research in the academic field
• Recognized internationally as outstanding in a specific academic area
• Coming to the U.S. for a tenured or tenure-track teaching position at a university or institution of higher education, OR for a comparable research position at a university or private employer with at least 3 full-time researchers

EB-1B Criteria (Must Meet 2 of 6)

• Receipt of major prizes or awards for outstanding achievement
• Membership in associations requiring outstanding achievement for admission
• Published material in professional publications written by others about your work
• Participation as a judge of the work of others in the same or allied academic field
• Original scientific or scholarly research contributions in your field
• Authorship of scholarly books or articles in scholarly journals with international circulation

EB-1C: Multinational Managers and Executives

The EB-1C category allows multinational companies to transfer managers and executives to permanent positions in the United States. This is the green card equivalent of the L-1A visa and shares many of the same requirements.

EB-1C Requirements

• The beneficiary must have been employed abroad by the qualifying organization for at least 1 of the 3 years before the petition (or before L-1A admission)
• The beneficiary must be coming to work in a managerial or executive capacity
• The U.S. employer must have been doing business for at least 1 year
• A qualifying multinational relationship must exist between the foreign and U.S. entities

EB-2: Advanced Degrees and Exceptional Ability

The EB-2 category is for professionals with advanced degrees (master's or higher) or bachelor's degrees plus 5 years of progressive experience, and individuals with exceptional ability in sciences, arts, or business. Most EB-2 cases require PERM labor certification, but the National Interest Waiver (NIW) offers a way to bypass this requirement.

EB-2 with PERM Labor Certification

For standard EB-2 cases, the employer must complete the PERM labor certification process to demonstrate that there are no qualified U.S. workers available for the position. This requires:

• Job position requiring an advanced degree or bachelor's + 5 years experience
• Employer conducting recruitment to test the labor market
• Employer willing to pay at least the prevailing wage
• Beneficiary meeting all the position's minimum requirements

EB-2 National Interest Waiver (NIW)

The National Interest Waiver is one of the most powerful tools in employment-based immigration. It allows individuals to self-petition for a green card without employer sponsorship or labor certification if they can demonstrate their work is in the national interest of the United States.

NIW Three-Prong Test (Matter of Dhanasar)

To qualify for the NIW, applicants must demonstrate:

1. Substantial Merit and National Importance: The proposed endeavor has both substantial merit (value or worth) and national importance (benefits extend beyond a specific locality)
2. Well-Positioned to Advance the Endeavor: The applicant is well-positioned to advance the proposed endeavor based on education, skills, knowledge, record of success, and future plans
3. Beneficial to Waive Requirements: On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

Fields Commonly Approved for NIW

• STEM researchers and engineers (particularly AI, semiconductor, renewable energy)
• Healthcare professionals addressing physician shortages
• Entrepreneurs creating jobs or advancing technology
• Public health researchers
• Educators in underserved areas
• Artists and athletes representing the U.S. internationally

EB-2 Exceptional Ability

Individuals with exceptional ability in sciences, arts, or business can also qualify for EB-2 by demonstrating a degree of expertise significantly above that ordinarily encountered.

Exceptional Ability Criteria (Must Meet 3 of 6)

• Official academic record showing degree related to area of exceptional ability
• Letters from employers documenting at least 10 years of full-time experience
• License or certification to practice in the profession
• Evidence of high salary demonstrating exceptional ability
• Membership in professional associations
• Recognition for achievements and significant contributions by peers, government entities, or professional organizations

EB-3: Skilled Workers and Professionals

The EB-3 category is for skilled workers, professionals, and other workers who don't qualify for higher preference categories. While EB-3 has longer wait times due to visa backlogs, it remains an important option for many workers and employers.

EB-3 Subcategories

Subcategory	Requirements	Job Requirements
Skilled Workers	At least 2 years of training or work experience	Position requires at least 2 years of training/experience
Professionals	U.S. bachelor's degree or foreign equivalent	Position requires a bachelor's degree (not advanced degree)
Other Workers (EW)	Less than 2 years training/experience	Unskilled labor positions (very limited visas available)

EB-3 Process

EB-3 cases almost always require PERM labor certification. The process follows these general steps:

1. Prevailing Wage Determination: Request a prevailing wage from the Department of Labor for the position and location (2-6 months)
2. Recruitment: Conduct required recruitment activities (newspaper ads, job orders, internal postings, professional recruitment for professional positions) over a 30-day period, then wait 30 days for responses
3. PERM Filing: File the PERM application with DOL. Processing typically takes 6-12 months, though audits can extend this significantly.
4. I-140 Petition: After PERM approval, file the I-140 immigrant petition with USCIS (4-8 months, or 15 days with premium processing)
5. Wait for Priority Date: Due to visa backlogs, there may be a significant wait for a visa number to become available (varies by country of birth)
6. Adjustment of Status or Consular Processing: When a visa number is available, file I-485 (if in U.S.) or complete consular processing (if abroad)

PERM Labor Certification Process

PERM (Program Electronic Review Management) is the labor certification process required for most EB-2 and EB-3 green card cases. It demonstrates that there are no qualified, available U.S. workers for the position, and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.

PERM Steps in Detail

Step 1: Determine Job Requirements

Work with the employer to accurately define the minimum requirements for the position. Requirements must be based on actual business necessity, not tailored to the foreign worker's qualifications. Key considerations:

• Education requirements (degree level and field of study)
• Experience requirements (years and type of experience)
• Special skills or certifications required
• Travel or language requirements (must be justified by business necessity)

Step 2: Prevailing Wage Determination

File a request with the Department of Labor's National Prevailing Wage Center to obtain the required wage for the position in the geographic area. The employer must be willing to pay at least this wage. Processing time: 2-6 months.

Step 3: Recruitment

Conduct the required recruitment activities to test the labor market:

• Job Order: 30-day posting with the State Workforce Agency
• Newspaper Advertisements: Two Sunday ads in a newspaper of general circulation (professional positions only need one)
• Internal Posting: 10 consecutive business days internal notice
• Additional Recruitment (for professionals): Three additional recruitment steps from a list of 10 options (e.g., job fair, professional organization, campus placement)

Step 4: Evaluate Applicants

Review all applications received and document why each applicant was rejected (lack of qualifications, unwilling to accept the offered salary, etc.). The employer must provide lawful, job-related reasons for any rejections.

Step 5: File PERM Application

Submit the ETA Form 9089 electronically through the DOL's PERM system. Processing time: 6-12 months (longer if audited).

Step 6: Respond to Audit (if applicable)

DOL randomly audits a percentage of PERM applications and specifically audits applications with certain characteristics. If audited, respond within 30 days with all requested documentation.

Processing Times and Timelines

Business immigration processing times vary significantly based on the visa category, USCIS workload, and whether premium processing is used. Below are typical timeframes to help with planning.

Visa/Process	Standard Processing	Premium Processing	Notes
H-1B	3-6 months	15 business days ($2,805)	Cap cases must file April-June for Oct 1 start
L-1A/L-1B	3-6 months	15 business days ($2,805)	No cap; can file anytime
O-1	2-4 months	15 business days ($2,805)	Requires advisory opinion
E-2 (Consular)	2-8 weeks for interview	N/A	Varies significantly by consulate
PERM	6-12 months	N/A	Add 2-6 months for prevailing wage
I-140 (EB-1/EB-2/EB-3)	6-12 months	15 business days ($2,805)	Premium available for most categories
I-485 (Adjustment)	12-24+ months	N/A (not available)	Depends on visa bulletin priority dates

Visa Bulletin and Priority Dates

For employment-based green cards, the Department of State publishes a monthly Visa Bulletin showing which priority dates are current for each category and country of birth. Understanding the visa bulletin is essential for planning:

• Priority Date: Generally the date your PERM application was filed (or I-140 for categories not requiring PERM)
• Current: Your priority date is earlier than the date shown in the bulletin, meaning you can file I-485 or complete consular processing
• Backlogged: Your priority date is later than the date shown, meaning you must wait for your date to become current

Document Requirements

Proper documentation is critical for business immigration success. Missing or inadequate documents are among the most common reasons for delays and denials. Below are typical document requirements by category.

For Employers

• IRS tax returns or audited financial statements
• Annual reports or business documentation
• Organizational charts showing reporting structure
• Business licenses and registrations
• Job descriptions and minimum requirements
• Evidence of company size (number of employees)
• Evidence of qualifying relationship between entities (for L-1, EB-1C)
• Signed employment letters

For Beneficiaries/Applicants

• Identity: Valid passport, birth certificate, photos
• Education: Diplomas, transcripts, credential evaluations for foreign degrees
• Experience: Employment verification letters with detailed job duties, dates, and hours worked
• Achievements (O-1, EB-1): Awards, publications, media coverage, recommendation letters, evidence of judging, memberships
• Immigration History: Prior visa approvals, I-94s, status documents
• For Investors (E-2): Source of funds documentation, business plans, evidence of investment

Tips for Document Preparation

• All foreign language documents must be accompanied by certified English translations
• Provide original documents or certified copies when possible
• Employment letters should be on company letterhead, signed by a supervisor or HR official
• For credential evaluations, use USCIS-recognized evaluation services
• Organize documents in the order requested by USCIS forms and instructions
• Keep copies of everything submitted—USCIS does not return original documents

Common Issues and Solutions

Business immigration cases frequently encounter challenges. Anticipating and addressing these issues proactively can prevent delays and denials.

Requests for Evidence (RFEs)

USCIS may issue an RFE when the initial filing doesn't contain sufficient evidence. Common RFE topics include:

• Specialty Occupation (H-1B): Demonstrate the position requires a specific degree and that the beneficiary's degree is directly related
• Specialized Knowledge (L-1B): Provide more evidence of the beneficiary's specialized knowledge and how it differs from general knowledge
• Managerial Capacity (L-1A, EB-1C): Show the beneficiary manages professional employees or an essential function, not just first-line supervisors
• Extraordinary Ability (O-1, EB-1A): Submit additional evidence across multiple criteria or stronger evidence of major significance

RFE Response Strategy

• Respond within the deadline (typically 30-84 days)
• Address every point raised in the RFE
• Submit new evidence where possible
• Include a detailed cover letter explaining how the evidence addresses each issue
• Consider expert opinion letters when appropriate

Maintaining Status During Transitions

Gaps in status can create complications. Common scenarios and solutions:

• Changing Employers on H-1B: New employer can file H-1B transfer; work can begin upon receipt of the filing (portability)
• H-1B to Green Card Transition: If I-140 approved and I-485 pending for 180+ days, beneficiary can change employers without losing green card eligibility
• Cap Gap for F-1 Students: Students selected in H-1B lottery receive automatic extension until October 1
• Bridging to New Status: File change of status or extension before current status expires

Employer Changes and Layoffs

Economic uncertainty can impact immigration status. Consider these protective measures:

• If laid off on H-1B, you have a 60-day grace period to find new employment or change status
• If your I-140 has been approved for 180+ days, it remains valid even if the employer withdraws or goes out of business (I-140 portability)
• For EB-2 NIW, employment changes don't affect your case since it's self-petitioned
• Consider filing EB-1A or NIW as a "backup" to employer-sponsored cases

Why Choose Modern Law Group for Business Immigration

What Sets Us Apart

• Strategic Approach: We analyze each client's complete situation to develop the optimal immigration strategy—not just the obvious one. This may include pursuing multiple visa categories simultaneously or timing applications to maximize success.
• Meticulous Preparation: We prepare comprehensive petitions with extensive documentation, anticipating USCIS questions and addressing them proactively. This approach minimizes RFEs and maximizes first-time approvals.
• Industry Expertise: Our attorneys have deep experience across technology, healthcare, finance, academia, arts, and other industries. We understand the specific requirements and challenges of each sector.
• Responsive Communication: We keep clients informed at every stage and respond promptly to questions. You'll never wonder about the status of your case.
• Full-Service Support: From initial visa through green card and citizenship, we provide comprehensive immigration support for professionals and their families.
• Employer Services: For companies, we offer immigration audits, compliance training, policy development, and ongoing support for HR teams managing international employees.

Our Business Immigration Services

• H-1B specialty occupation petitions (cap and cap-exempt)
• L-1A and L-1B intracompany transfer petitions
• O-1 extraordinary ability petitions
• E-2 treaty investor applications
• EB-1A, EB-1B, and EB-1C green card petitions
• EB-2 NIW (National Interest Waiver) petitions
• PERM labor certification and EB-2/EB-3 processing
• TN visas for Canadian and Mexican professionals
• Adjustment of status and consular processing
• Extensions, transfers, and status changes
• Immigration compliance and I-9 audits
• Corporate immigration program development

Frequently Asked Questions