Business Immigration

HOW WE HELP

Immigration for Entrepreneurs & Investors

Leleu & Associates has extensive experience in working with foreign-based start-up founders that want to open and establish offices in the United States. We help companies devise strategies to keep their founders, investors, and employees in the U.S.

Entrepreneurs face unique immigration challenges that require creativity, agility, and innovative solutions. Our attorneys and immigration professionals rise to these challenges every day; we have successfully assisted entrepreneurs in planning and facilitating the inbound immigration of a company’s shareholders, executives, and key employees to the United States.

U.S. Immigration law supports investors and foreign commerce in a variety of ways. Below is a few visas that may be of interest to you if you are an entrepreneur who wants to invest and/or establish a presence in the U.S.

E-2

The E-2 visa is probably the most popular visa for entrepreneurs because it does not require an investment of a minimum amount. The E-2 visa is available to treaty investors, i.e., investors from a country with which the United States maintains a treaty of commerce and navigation. A list of countries eligible for the E-2 visa is available here. We can advise you on setting up the right type of business and corporate structure to obtain an E-2 visa. We have the know-how and are adept at navigating the difficulties to enable you to become a treaty investor.

EB-5 Green Card

The EB-5 immigrant investor visa category is designed to attract foreign capital to the U.S. and, in the process, create jobs for American workers. EB-5 visas are reserved for immigrants who have invested, or who are in the process of investing, at least $500,000 in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Under this category, an investor may also choose to invest in a regional center. Regional centers are projects that have already been approved by the U.S. government as potentially qualifying for EB-5 investment.

A full list of current regional centers can be found here. Leleu & Associates can help you to navigate the potential pitfalls of the EB-5 process and to obtain green cards for you and your immediate family members to accompany you to the U.S.

Immigration for Professionals

Foreign professionals who want to come to work in the United States require employment visas. Depending on the type of employment opportunity and their qualifications, such a professional may be eligible for one or more employment-based visas. Our attorneys are experienced employment immigration attorneys that understand the complexities of the visa application process and can help guide you through the entire process. Among other options, the our attorneys specialize in obtaining the following Employment Visas:

  • H-1B Visas: For Professional Coming to the U.S.
  • H-2 Visas: For Seasonal Workers
  • Visas: For Persons of Extraordinary Abilities
  • P-Visas: For Performers and Athletes
  • TN Visa: NAFTA Treaty Visas for Professionals from Mexico and Canada
  • L Visa: For Intra-Company Transfer of Employees to a U.S. Office

At Leleu & Associates we work with employees and employers to prepare and submit applications for employment visas. We also successfully guide students and recent graduates in the transition from F-1 & J-1 student status to an appropriate employment visa while waiting for a decision on an H-1B visa application. Additionally, we advise clients on whether a B-2 visitor visa is sufficient for their short-term travel on assignments to the U.S.

Permanent Residency

The immigration process of permanent workers seeking a green card is complex, time-consuming, and costly. Mistakes are commonplace and could be detrimental to your immigration objectives. The attorneys at Leleu & Associates assist corporate and individual clients in obtaining their green cards based on employment. Our dedication to creatively finding immigration solutions is what sets us apart from other immigration practitioners. We help organizations of all types and sizes with the entire range of employment-based immigration solutions, including but not limited to:

  • The First-Preference (EB-1) Visa: For Individuals of Extraordinary Ability
  • The Second-Preference (EB-2) Visa: For Professions with an Advanced Degree or
    an Exceptional Ability
  • The Third-Preference (EB-3) Visa: For Skilled Workers, Professionals, or Other
    Workers/li>

The EB-2 and EB-3 categories is subject to the complex PERM Labor Certification Process. In a nutshell, the PERM process requires the employer, to first test the labor market through a series of good-faith recruitment efforts. You must demonstrate that there are not sufficient able, qualified, and willing U.S. workers for the occupation in your intended area of employment and that employment of a foreign worker will not adversely affect wages and conditions of comparable U.S. workers.

We help employers navigate the PERM Process, with the goal of obtaining a labor certification as quickly as possible while minimizing exposure to all the potential risks. It is important to work with an experienced attorney to discuss your options before engaging in this process.

If your company is willing to concurrently sponsor 10+ foreign national workers for employment visas (e.g. H or L) or residency via PERM Labor Certification Leleu & Gomez Alfaro would provide your company with a competitive fee quote. We have the experience necessary to assist your organization with multiple cases and comprehensive immigration solutions to help you manage your global workforce.

Litigation for Business Immigration

Leleu & Associates are experienced immigration litigators. Having collectively prosecuted more than three hundred immigration cases we have extensive litigation experience in the Immigration Courts and before the Board of Immigration Appeals. In addition, we provide immigration-related representation in the United States District Courts, especially before the Southern and Eastern Districts of New York and United States Court of Appeals for the 2nd Circuit.

Filing a lawsuit can be a powerful tool to prompt U.S. Citizenship and Immigration Services (USCIS) to issue an approval notice or to obtain a finding that USCIS wrongly rejected and/or adjudicated an application. We can also apply for administrative remedies to reverse rejections by USCIS. If warranted, we would also seek judicial review to overcome a final but erroneous denial of your immigration application.