Work Visas

We assist clients in obtaining work visas, including E-1, E-2, H-1B, and L-1A visas. Our services cover everything from initial applications to extensions, premium processing, and family member visas.

Employees of qualifying E-1 Treaty Traders may be eligible for this classification. To qualify, the employee must:
– Share the same nationality as the principal treaty trader.
– Be engaged in executive, supervisory, or essential skills roles.
– Work for an enterprise that is at least 50% owned by nationals of the treaty country.

Executive and supervisory roles involve significant control over the business’s operations, while essential skills roles require specialized expertise that is crucial to the business. At Barutcu Law Office, we assist in preparing and filing the necessary forms and documentation to ensure a successful application for E-1 status.

Certain nonimmigrant visa classifications, including those seeking E-1 status, can expedite their application process by filing Form I-907, Request for Premium Processing Service. This service allows applicants to receive a decision from USCIS within 15 calendar days. Utilizing premium processing can significantly reduce the waiting period, providing a quicker resolution for urgent or time-sensitive cases.

Employees of qualifying E-2 Treaty Investors may be eligible for this classification. To qualify, the employee must:
– Share the same nationality as the principal treaty investor.
– Meet the definition of “employee” under relevant law.
– Engage in executive, supervisory, or essential skills roles.

An enterprise must be at least 50% owned by nationals of the treaty country, who either maintain nonimmigrant treaty investor status or would qualify as such if seeking admission. Executive and supervisory roles involve control over the enterprise’s operations, while essential skills roles require expertise critical to the business. Barutcu Law Office provides comprehensive support to ensure that all requirements are met and the application is properly filed.

Certain nonimmigrant visa classifications, including those seeking E-2 status, can expedite their application process by filing Form I-907, Request for Premium Processing Service. This service allows applicants to receive a decision from USCIS within 15 calendar days. Utilizing premium processing can significantly reduce the waiting period, providing a quicker resolution for urgent or time-sensitive cases.

The H-1B nonimmigrant classification applies to individuals who wish to perform services in a specialty occupation. This classification requires both the position and the individual to meet specific criteria.

At Barutcu Law Office, we provide comprehensive support to navigate the H-1B application process, from preparing and filing the necessary forms to ensuring all eligibility criteria are met. Contact us for personalized assistance with your H-1B petition.

The occupation must involve:
– The theoretical and practical application of a body of highly specialized knowledge; and
– The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation in the United States.

To qualify as a specialty occupation, the position must meet one of the following criteria:
– A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.
– The degree requirement is common to the industry in parallel positions among similar organizations, or the job is so complex or unique that it can only be performed by an individual with a degree.
– The employer normally requires a degree or its equivalent for the position.
– The nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor’s or higher degree.

To qualify to perform services in a specialty occupation, you must meet one of the following criteria:
– Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
– Hold a foreign degree that is the equivalent of a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
– Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
– Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap.

Prospective petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary. If selected, the petitioner will then proceed with the Petition Filing Process:

Step 1: Employer/Agent Submits LCA to DOL for Certification
The employer/agent must apply for and receive DOL certification of an LCA.

Step 2: Employer/Agent Submits Completed Form I-129 to USCIS
The employer/agent should file Form I-129, Petition for a Nonimmigrant Worker, at the correct location or online. The DOL-certified LCA should be submitted with the Form I-129.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required).

As an H-1B specialty occupation worker or fashion model, you may be admitted for a period of up to 3 years. Your time period may be extended, but generally cannot exceed a total of 6 years.

Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. H-4 visa holders can apply for work authorization under certain conditions, allowing them to work in the United States during their stay.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file Form I-129, Petition for a Nonimmigrant Worker, along with the required fee, on behalf of the employee.

To qualify for L-1 classification in this category, the employer must:
– Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations).
– Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. The business must be viable but does not need to be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:
– Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States.
– Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

– The employer has secured sufficient physical premises to house the new office.

– The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition.

– The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age. Spouses and children may seek admission in the L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. Spouses of L-1 visa holders are eligible for work authorization.

Certain L-1 petitions can utilize Form I-907, Request for Premium Processing Service, to expedite the application process and receive a decision within 15 calendar days. This service is particularly beneficial for time-sensitive transfers.

At Barutcu Law Office, we provide comprehensive support for L-1 visa applications, ensuring that all necessary criteria are met and the application is properly filed. Contact us for personalized assistance with your L-1 petition.