Is your business ready to support your immigration strategy?
Just like there is no universal visa category for any immigrant, there is no “one size fits all” business structure to support your immigration strategy. Whether you are starting a new business or planning on using the existing one to build your immigrant strategy upon, you should first make sure that your business structure is compliant with immigration laws requirements.
Before immigrant or non-immigrant petition is filed, the business involved should be thoroughly analysed for corporate structure, tax compliance, HR issues, licensing, bookkeeping, wages of the employees involved, and many other issues that cannot be identified without extensive discussion of your case. If your intended category requires particular affiliation between entities involved or chances of approval of your immigrant petition can be improved with adjustment to the business structure, the attorney will design a strategic plan to bring your business in compliance with immigration law requirements and regulatory framework.
Whether you are relocating an employee or expanding your business into the American market, we are here to help you. We assist businesses and organizations of all sizes that come from various industries and fields.
Many visa categories (E1, E2, L1A, O1) require that the business entity had been registered in the U.S. before any petition and application is filed. There are several considerations in determination where the registration documents are filed and what company structure is best for your case.
Normally, foreign citizens may register Corporation (type C), Limited Liability Company, or Partnership in the U.S. Each entity is required to obtain a Federal Employer Identification Number (FEIN) and open a business banking account independent of the owner’s personal account. Failure to follow corporate formalities and have formation documents in order prior to the filing of immigration petition may result in denial.
HOW TO SET UP BUSINESS in the U.S.?
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security, the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).
The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
To obtain this Certification, U.S. employer is required to conduct intensive search for the qualifying worker following certain protocols. To ensure compliance with these protocols and to make the recruiting process most efficient, it should be conducted under the guidance of the immigration attorney. Improperly worded ads or wrong timing in placing advertisements may become a cause for the denial.
recruiting for labor certification
STEPS FOR RECRUITING for Labor Condition Application
If you need to hire immigrant permanently
Business plan designed to support immigration case is a very unique document. Even though it is similar to business plans in general, it has fundamental differences that will make or break a business or investment visa application. Business plan that complies with immigration law requirements and properly addresses visa eligibility issues can support application and maximize chances of success.
Business plans created as a part of preparation of your case align with the attorney’s strategy, address visa eligibility, provide viable forecast, and meet USCIS adjudication standards.
Professionally prepared business plans are designed to eliminate doubt source of funds or questions about business strategy and sustainability and minimize the chance the USCIS might issue a Request for Evidence (RFE) in response to an application.
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For free assessment of your case send us an e-mail or use the contact form on this site. If your case requires in-detail discussion, we will be happy to schedule a consultation to talk about your options.