Meeting USCIS Business Requirements for U.S. Employers

Meeting USCIS Business Requirements for U.S. Employers

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Understanding U.S. immigration law requirements, particularly about employment-based visas like the H-1B, and understanding what constitutes a “U.S. employer” according to the U.S. Citizenship and Immigration Services (USCIS) is crucial. For businesses seeking to employ foreign nationals under such visas, meeting these standards is the first step toward a successful petition. We explain the definition of a U.S. employer for immigration purposes here. 

NIW Qualifications under Matter of Dhanasar
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NIW Qualifications under Matter of Dhanasar

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The National Interest Waiver (NIW) represents a pivotal pathway for immigrants who wish to contribute significantly to the United States without needing a specific job offer or labor certification. This waiver is particularly valuable for researchers, entrepreneurs, and others whose work has the potential to substantially benefit the U.S. economy, healthcare, education, or technology sectors.

Matter of Tessel: L1 Visa Corporate Affiliations
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Matter of Tessel: L1 Visa Corporate Affiliations

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The “Matter of Tessel Inc.” revolves around a petition filed by Tessel Inc. to classify a beneficiary under section 203(a)(6) of the Immigration and Nationality Act. This classification was based on the beneficiary’s vice president and export director role. Tessel Inc. sought blanket labor certification under Schedule A Group IV, which necessitated proof that the beneficiary had been employed in a managerial or executive capacity within the same international corporation abroad for the year preceding their admission to the U.S.

Intra-Company Transfer Visas: The Matter of Chartier Case
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Intra-Company Transfer Visas: The Matter of Chartier Case

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The Matter of Chartier, decided on August 3, 1977, provides an understanding of the nuances of intra-company transfer visas (L-1 visas) under U.S. immigration law. This case particularly pertains to the transfer of international employees between the global office and a U.S. office. We discuss how this case is applied in L1 Visa cases below. 

TN Visa Interpretive Memos and Letters under the USMCA
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TN Visa Interpretive Memos and Letters under the USMCA

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The US-Mexico-Canada Agreement (USMCA), effective from July 1, 2020, has succeeded the North American Free Trade Agreement (NAFTA), which had been in place since 1994. The USMCA largely adopts the main provisions of NAFTA, including the professions list and their qualifications. This article compiles interpretive memos and letters issued over the years to clarify USMCA (formerly NAFTA) provisions, particularly focusing on the TN Visa category.

Can you get a TN Visa with an approved I-140 or I-130?
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Can you get a TN Visa with an approved I-140 or I-130?

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Embarking on the TN visa journey as a Canadian or Mexican citizen and grappling with I-130 or I-140 approvals? This guide untangles the complexities, offering insights into how these visa statuses intersect and influence your TN visa eligibility. Navigate the intricacies with confidence.

L1 Visa for Non-Profit Religious Organizations: Requirements
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L1 Visa for Non-Profit Religious Organizations: Requirements

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Establishing a qualifying relationship between entities hinges on ownership and control. In the L1 visa context, “ownership” signifies the legal right to possess assets with complete control, while “control” denotes the authority to oversee entity establishment and operations. The Matter of Church Scientology International has paved the way for religious organizations to align with these standards.

When to File an Amended H-1B Visa Petition
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When to File an Amended H-1B Visa Petition

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In April 2015, USCIS’ Administrative Appeals Office (AAO) set a precedent with the decision in the Matter of Simeio Solutions, LLC (Simeio). This ruling clarified the circumstances under which an amended or new H-1B petition is required due to a change in an H-1B worker’s place of employment. We review this decision’s various elements and implications to provide clarity for employers and employees alike.