Business & Employment Visas
Comprehensive Immigration Solutions for Professionals and Entrepreneurs
Whether you're a multinational executive, an entrepreneur seeking to invest in the United States, or a professional with extraordinary abilities, we provide expert guidance through the complex business immigration process. Our attorneys have extensive experience with all categories of employment-based visas and green cards.
For Individuals with Extraordinary Abilities and Achievements
Special talent visas are designed for individuals who have demonstrated exceptional ability in their field. These visas recognize that the United States benefits from attracting the world's most talented individuals in sciences, arts, education, business, and athletics.
For Individuals at the Top of Their Field
The O-1 visa is a non-immigrant visa 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.
O-1A: Sciences, Education, Business, or Athletics
For individuals who have risen to the very top of their field and can demonstrate sustained national or international acclaim.
O-1B: Arts, Motion Picture, or Television
For individuals with a demonstrated record of extraordinary achievement in the arts or extraordinary achievement in the motion picture or television industry.
Evidence Required (Must meet at least 3 criteria)
- Receipt of nationally or internationally recognized prizes or awards for excellence
- Membership in associations requiring outstanding achievements
- Published material about the individual in professional or major trade publications
- Participation as a judge of the work of others in the field
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
- Authorship of scholarly articles in professional journals or major media
- Employment in a critical or essential capacity for distinguished organizations
- High salary or remuneration compared to others in the field
Key Benefits
- Initial stay of up to 3 years
- Unlimited extensions in 1-year increments
- Spouse and children under 21 eligible for O-3 status
- No annual cap or lottery system
- Dual intent allowed (can pursue green card)
Permanent Residence for Extraordinary Individuals
The EB-1 category is the first preference employment-based green card category, reserved for priority workers including those with extraordinary ability, outstanding professors and researchers, and multinational managers and executives.
EB-1A: Extraordinary Ability
For individuals with extraordinary ability in sciences, arts, education, business, or athletics. No job offer or labor certification required—you can self-petition.
- Sustained national or international acclaim
- Recognition as being at the very top of the field
- Coming to the U.S. to continue work in the area of extraordinary ability
- Must meet at least 3 of 10 evidentiary criteria (similar to O-1A)
EB-1B: Outstanding Professors and Researchers
For professors and researchers with at least 3 years of experience who are recognized internationally as outstanding in their academic field.
- At least 3 years of experience in teaching or research
- International recognition as outstanding in the academic field
- Job offer for tenured, tenure-track, or comparable research position
- Must meet at least 2 of 6 evidentiary criteria
EB-1C: Multinational Managers and Executives
For managers and executives who have been employed abroad by a qualifying organization for at least 1 year within the 3 years preceding the petition.
- Employed abroad for at least 1 of the past 3 years
- Employed in a managerial or executive capacity
- Coming to work for the same employer or affiliate/subsidiary
- U.S. employer must have been doing business for at least 1 year
Key Benefits
- No labor certification required for EB-1A and EB-1B
- Priority date is current for most countries (faster processing)
- Self-petition available for EB-1A
- Premium processing available (15 business days)
- Path to permanent residence for entire family
Green Card Without Employer Sponsorship
The National Interest Waiver (NIW) is a special provision under the EB-2 category that allows individuals to self-petition for a green card without a job offer or labor certification if they can demonstrate that their work is in the national interest of the United States.
Matter of Dhanasar Framework (2016)
USCIS evaluates NIW petitions under a three-prong test established in Matter of Dhanasar:
Prong 1: Substantial Merit and National Importance
The proposed endeavor must have both substantial merit and national importance. This can include work in STEM fields, healthcare, education, business, entrepreneurship, and other areas that benefit the United States.
Prong 2: Well Positioned to Advance the Endeavor
The petitioner must be well positioned to advance the proposed endeavor. This is evaluated based on education, skills, knowledge, record of success, a model or plan for future activity, and progress toward achieving the proposed endeavor.
Prong 3: Beneficial to Waive Job Offer Requirement
On balance, it must be beneficial to the United States to waive the job offer and labor certification requirements. Factors include urgency of the work, the petitioner's unique qualifications, and the national interest served.
Ideal Candidates
- STEM professionals and researchers
- Healthcare workers and physicians
- Entrepreneurs with innovative business plans
- Educators and academics
- Artists and performers with significant impact
- Business professionals with unique expertise
Key Benefits
- No job offer required—self-petition available
- No labor certification (PERM) required
- Flexibility to change employers
- Can work for yourself or start a business
- Premium processing available
Visa Options for Executives, Investors, and Professionals
The L-1 visa allows multinational companies to transfer executives, managers, and specialized knowledge employees from foreign offices to U.S. offices.
For employees in managerial or executive positions being transferred to the U.S.
Initial stay of 1-3 years, maximum 7 years
For employees with specialized knowledge of the company's products, services, or procedures.
Initial stay of 1-3 years, maximum 5 years
Requirements:
- Employed abroad for at least 1 continuous year within the past 3 years
- Qualifying relationship between foreign and U.S. entities
- Coming to work in a managerial, executive, or specialized knowledge capacity
E visas are available to nationals of countries that have treaties of commerce and navigation with the United States.
For individuals engaged in substantial trade between the U.S. and their treaty country. Trade must be continuous and of substantial volume.
For individuals making a substantial investment in a U.S. business. The investment must be at risk and sufficient to ensure successful operation.
Benefits:
- Initial stay of up to 2 years
- Unlimited 2-year extensions
- Spouse eligible for work authorization
- No annual cap or lottery
The H-1B visa is for workers in specialty occupations that require at least a bachelor's degree in a specific field related to the position.
Requirements:
- Job must qualify as a specialty occupation
- Bachelor's degree or equivalent in a specific specialty
- Employer must pay prevailing wage
- Valid employer-employee relationship
Process:
- 1Employer files Labor Condition Application (LCA)
- 2Employer files H-1B petition with USCIS
- 3Subject to annual cap (65,000 + 20,000 master's exemption)
- 4Cap-exempt employers available (universities, research institutions)
Initial stay of 3 years, maximum 6 years (extensions possible if green card pending)
Why Choose Amaral Law for Business Immigration?
Specialized Expertise
Our attorneys focus exclusively on immigration law, with deep experience in complex business immigration matters.
Strategic Approach
We develop customized strategies based on your unique qualifications, timeline, and long-term goals.
Comprehensive Documentation
We prepare thorough, well-organized petitions that clearly demonstrate eligibility and maximize approval chances.
Responsive Communication
We keep you informed throughout the process and are always available to answer your questions.