EMPLOYMENT-BASED NONIMMIGRANT (TEMPORARY) MATTERS
WE HAVE THE RESOURCES AND EXPERTISE TO ALLOW COMPANIES OF ALL SIZES TO OUTSOURCE THEIR ENTIRE “VISA FUNCTION” WITH MINIMAL SUPERVISION.
MAKE US YOUR PARTNER IN SECURING FOR YOUR ORGANIZATION THE WORLD’S BEST AND BRIGHTEST TALENT.
Matthews Immigration Group provides legal advice, counsel, and representation to businesses, research organizations, universities, and other entities of all sizes pertaining to the international movement of highly-skilled employees and key personnel. We facilitate nonimmigrant visas for temporary workers and business visitors as well as immigrant visas for long-term assignments and permanent residence. In addition, our firm creates manageable, proactive approaches to corporate compliance programs. Using a customized approach that is appropriate for each client’s unique situation, we assess a company’s current practices, create streamlined corporate compliance and training programs tailored to a company or organization’s specific needs, and provide ongoing support.
If you are a Human Resources Manager or representing a corporation, then you have come to the right place at the right time. We understand the value of keeping your employees mobile as your organization bids for international projects across the world. We can assist multinational companies by managing the immigration application process and, where necessary, will accompany the expatriate to the various U.S. immigration administration offices and consulates abroad to ensure that the individual encounters no unforeseen difficulties when filing their applications and collecting their documentation.
We also offer HR Managers the possibility of coordinating the U.S. immigration procedures of their international staff members across the world, ensuring that compliance is met.
The principal employment-based nonimmigrant visa categories that our firm specializes in include, but are not limited to, the following:
Specialty Occupation Professionals
H-1B Visas for Temporary Professional Workers + Physicians
(DOL + USCIS Pre-Approval Required)
The H-1B visa category is designed to allow foreign professional workers to be employed by a U.S. employer in a "specialty occupation" for a specified period. It is a highly favored temporary visa category for employers in need of skilled professionals. However, its availability is seriously limited as there is an annual cap applied to H-1Bs. Currently, the number of H-1B visas available on an annual basis is 58,200 (65,000 minus 6,800 set aside for H-1B1 visas for nationals of Singapore and Chile), plus an additional 20,000 reserved for those who have received a U.S. master's or higher degree. In addition, there are 10,500 E-3 visas available each fiscal year for specialty occupation professionals from Australia.
L-1 Visas for Intracompany Transferees
(USCIS Pre-Approval Required)
L-1 visa status is granted to a foreign national coming temporarily to the United States (a) to perform services in an executive, managerial, or specialized knowledge capacity (b) for a U.S. company with a qualifying relationship to the foreign company and (c) who has worked for the foreign employer in an executive, managerial, or specialized knowledge capacity for at least one year in the preceding three years. L-1A visas are designated for multinational managers and executives. L-1B visas are designated for employees with specialized knowledge. The L-1 visa may be used by companies of nearly any size, provided that the requisite company relationship exists and the applicant satisfies the criteria for the visa category. Blanket L visa petitions allow large multinational companies and frequent users of the L-1 visa classification to obtain a blanket approval of the qualifying relationship between the U.S. and foreign entities. With a blanket approval, companies do not file individual petitions on behalf of employees. Instead, they provide employees with evidence of the approved blanket petition, as well as a consular application package, and the transferee uses that evidence to apply for a visa at a U.S. consulate.
Individuals of Extraordinary Ability
O-1 Visas for Individuals of Extraordinary Ability
(Sciences, Arts, Education, Business, or Athletics)
(USCIS Pre-Approval Required)
The O-1 visa category is for individuals who can demonstrate extraordinary ability in a particular field of endeavor. Applicants may include scientists, academics, business professionals, athletes, artists, and performers. All applicants, except for artists and entertainers, must demonstrate "a level of expertise indicating that the person is one of a small percentage who has risen to the very top of their field of endeavor."
Canadian + Mexican Professionals
TN Visas for Canadian + Mexican Professionals
The North American Free Trade Agreement ("NAFTA") provides for significant immigration-related benefits for citizens of Canada and Mexico who seek to enter the United States to work in a professional area that is on a list of designated occupations in the NAFTA. The application process for Canadian TN-1 and Mexican TN-2 beneficiaries differs (TN-1s do not need visas and can apply to the U.S. Customs and Border Protection ("USCBP") for entry at a Canadian border port of entry). However, the criteria to qualify for TN status are the same for citizens of both countries. Canadian and Mexican professionals who have a job offer from a U.S. employer and can demonstrate that they qualify for one of the occupational categories listed in the NAFTA may enter and work in the United States for three years (renewable in three-year increments). Most of the occupational categories require the attainment of a relevant university degree.
E-1 / E-2
Treaty Traders + Investors
The E-1 (Treaty Trader) and E-2 (Treaty Investor) visa categories allow a foreign national to enter the United States to conduct trade or to work in an enterprise that constitutes a substantial investment in the United States, provided that the United States has a bilateral investment treaty with the nonimmigrant's country of nationality. The United States currently has treaties with a large number of countries allowing the entry of treaty traders and investors.
OTHER EMPLOYMENT-BASED NONIMMIGRANT VISAS
A-1: Ambassadors + Public Ministers + Career Diplomats or Consular Officers + Foreign Military Personnel + Immediate Family
A-2: Other Foreign Government Officials or Employees + Immediate Family
A-3: Attendant, Servant, or Personal Employee of A-1 or A-2 + Immediate Family
C-2: Aliens in Transit to United Nations Headquarters District Under Section 11.(3), (4), or (5) of the Headquarters Agreement
C-3: Foreign Government Officials + Immediate Family + Attendants, Servants, or Personal Employees, in Transit
CW-1: Commonwealth of Northern Mariana Islands (CNMI) Transitional Workers (USCIS Pre-Approval Required)
G-1 / G-2 / G-3 / G-4 / G-5: Employees of Designated International Organizations
H-1B2: Department of Defense Workers
H-1B3: Fashion Models
H-1C: Registered Nurses Working in Health Professional Shortage Areas
H-2A: Seasonal Agricultural Workers (DOL + USCIS Pre-Approval Required)
H-2B: Seasonal Non-Agricultural (Skilled + Unskilled) Workers (DOL + USCIS Pre-Approval Required)
H-3: Nonimmigrant Trainees (in Programs Not Primarily for Employment) (USCIS Pre-Approval Required)
I: Foreign Media Representatives + Journalists
NATO-1 / NATO-2 / NATO-3 / NATO-4 / NATO-5 / NATO-6: Officials + Employees of NATO + Foreign Military Personnel
P-1A: Internationally Recognized Athlete (USCIS Pre-Approval Required)
P-1B: Member of Internationally Recognized Entertainment Group (USCIS Pre-Approval Required)
P-2: Artists + Entertainers in Reciprocal Exchange Programs (USCIS Pre-Approval Required)
P-3: Artists + Entertainers in Culturally Unique Programs (USCIS Pre-Approval Required)
P-4: Spouses + Children of P-1s, P-2s + P-3s
Q: International Cultural Exchange Visitors (USCIS Pre-Approval Required)
R-1: Religious Workers (USCIS Pre-Approval Required)
R-2: Spouses + Children of R-1s
ADDITIONAL BUSINESS SERVICES
Expiration + Renewal Tracking
International Medical Graduates (IMGs) Solutions
PERM Audits + RFE Responses
Critical Onboarding Guidance + Traveler Assessments
Technology Alert List (TAL) Analysis
International Trafficking in Armaments (ITAR) + Export Administration Regulations (EAR) Analysis
Family and Dependent Applications for Corporate Employees
Outbound Country Requirement Reports
Seminars + Training Programs
Written Opinions Regarding Immigration Consequences of Criminal Convictions
Formation of U.S. Business Entities for Foreign Companies