Employer-Based & Investor Immigration

H-1B Visas

There are a number of different types of visas for businesses, investors, artists, performers, medical professionals, students,  researchers. Mr. Maherassists employers seeking specialized workers sponsor employees through the  H-1B visa process.

 

Investors

Mr Maher also guides Investors seeking opportunities in the United States through the EB-5 visa.  As a part of this practice, Mr. Maher helps clients plan and prepare for their lives in the United States so that the transition is a smooth one. That assistance may include advising clients of the potential estate planning consequences of moving to the United States, assisting with the purchase of a condo, co-op or home or ensuring that the client has been adequately advised of the tax consequences of immigrating to the United States.

 

Australians and The E-3 Visa

Mr Maher has helped Australian nationals with a work visa that is unique to them. The E-3 visa is available to Australians who have an offer of employment from a company in the United States that wishes to employ them.  The visa is similar in many ways to the H-1B visa in that the employment has to be for a specialty occupation. According to USCIS’s website, in order to be a specialty occupation, the job must meet one of the following criteria:

1)         A bachelor’s degree or higher or its equivalent is the minimum entry level requirement for the position;

2)         The degree required is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;

3)         The employer normally requires a degree or its equivalent for the position;

4)         The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or higher degree.

 

In order for the employee to accept the position, the beneficiary must meet one of the following requirements:

1)      Hold a U.S. Bachelor’s Degree or higher that is required for the position;

2)      Hold a foreign degree that is equivalent to a U.S. Bachelor’s Degree  required for the position;

3)      Hold an unrestricted state license, or certification that authorizes you to practice the specialty occupation and be engaged in the state of intended employment;

4)      Have education or training or progressively responsible experience in the specialty occupation that is the equivalent to the completion of such a degree.

The sponsoring company must also file an approved form ETA-9035, Labor Condition Certification (LCA, ) and Form I-129 "Petition for a non-Immigrant Worker" with USCIS. There are exceptions to this method of filing, however. Under certain circumstances, a prospective employee currently working or living in the United State under a status other than E-3 may be able to accept employment under the E-3 visa. 

A petitioner employer may file an LCA for the prospective employee and upon approval request that the employee beneficiary apply for an E-3 visa on the Department of State's website and then follow up with the scheduling of an appointment for an interview at a consular post outside of the United States.  Depending upon the circumstances, this method may allow an employer to quickly hire a prospective employee, thus saving the time and expense often required to recruit and hire an employee who is qualified under this visa.  

 

For more  detailed Information and questions Please Do Not Hesitate to Contact Mr. Robert Maher

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Robert J. Maher Law

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