Immigration

Karr Tuttle Immigration Brochure

KTC’s immigration team has extensive experience in all aspects of immigration law.   We represent clients in timely and efficiently securing proper visas and other critical immigration documents, as well as, resolving immigration compliance issues including worksite enforcement actions, I-9 audits, federal administrative hearings and other complex issues.

Tech Company Layoffs – 2022 

Were you laid off from a tech company and do not know what to do next to preserve your work visa and ability to remain in the U.S.?  If so, contact our tech immigration layoff lawyers as soon as possible to learn your options and what you need to do to preserve your immigration status.

I-9 Compliance Documents

Employers in the United States are required to maintain I-9 compliance documents from all their employees. Regardless of whether they are citizens or non-citizens, employers must ensure that the employment eligibility and identity documents provided by the employee are added to the I-9 form.

Before you move forward with the process of ensuring that your employees meet the necessary I-9 compliance requirements, it is vital to be aware of the role that I-9 compliance plays in the immigration process for employers. Adhering to strict guidelines can be challenging for many managers, business owners, and employers.  Our skilled immigration lawyers are available to help.

The concept of I-9 compliance was created in 1986 and resulted in the ongoing practice of ensuring that no citizens can live or work in the country without first registering themselves. The set guidelines within I-9 compliance state that anyone who cannot provide the requested paperwork cannot be employed.

Working to establish I-9 compliance requires important paperwork from every individual that is employed at any given business or organization. This adherence applies to various employees at all different levels, regardless of their background or role within the company, such as:

• Part-time employees
• Full-time employees
• Managers and supervisors
• Contract employees who have the potential to obtain a full-time position

Maintaining compliance with the U.S. Immigration and Customs Enforcement (ICE) can seem like it is not necessary for an employee who is a citizen of the country, but these forms help to implement specific criteria for permanent residency that can be useful if there is an inspection. During ICE inspections, if an employer fails to comply, retain, or maintain their I-9 compliance, they can face criminal or civil penalties that can cause devastating financial consequences.

Retaining I-9 Documents

If an employee is on your payroll, you are encouraged to store and maintain their I-9 documentation. Even if the employee recently parted ways from the company, there may still be circumstances where their proof of employment will need to be verified. Employers should keep I-9 documents after an employee has left if:

• The employee worked for less than two years at the organization
• The employee worked for more than two years

According to Federal Regulations associated with I-9 compliance, employers must keep all I-9 forms for each person they hire for three years after the date of hire, which is the day that the document was created. The other option states that they must keep the I-9 documents for up to one year after their date of employment ends, depending on which is later.

Establishing Documentation for I-9 Compliance

There is a set timeframe in which an employer must complete an I-9 compliance document. Once a new employee is brought on to a team, employers have three business days after their first day at work to finalize the I-9 document. To properly complete the I-9 documentation, all employees are required to provide their employer with legal paperwork that establishes their identity, such as an ID card or a driver’s license, as well as documents that prove their eligibility to work in the United States.

Depending on the information that an employee has access to, they can choose to provide any of the following documents to help their employer establish an I-9 document:

• S. Passport
• Permanent Resident Card
• Employment Authorization Document
• Permanent Resident Card, “Signature Waived”
• Permanent Resident Card with a USCIS-issued sticker extending their stay
• Previous Permanent Resident Card with signature
• A foreign passport containing a Form I-551 stamp or Form I-551 printed notation
• A foreign passport with Form I-94 or Form I-94A
• Including a record of Arrival-Departure times and a legal endorsement to work

No matter what kind of documents an employee uses to establish their identity and employment eligibility, they must ensure that they are adhering to the guidelines for I-9 forms. It can often feel overwhelming for an employer to manage ongoing I-9 compliance for all of their employees, but working with a qualified immigration lawyer in Seattle can give employers the opportunity to seek reliable legal counsel whenever they need it and ensure that their relevant questions are answered.

Cost of non-compliance? The cost of noncompliance can be very high. The government has the right to pursue both civil (monetary) and criminal penalties against employers found to be in violation of compliance rules

For 1-9 paperwork violations in 2022, the penalties range from $252 to $2,507 for the first offense for substantive violations or uncorrected technical errors.  The range is $1,161 to $2,322 for second and subsequent paperwork offenses.  For recruiting, referral and rehiring violations, the penalties range from $627 to $5016 for first offenses for each knowingly employed unauthorized workers. Penalties range from $5,016 to $25,076 for second and subsequent offenses

The process of ensuring I-9 compliance can be challenging for employers who do not have the assistance of an immigration lawyer. If you are looking for dedicated counsel, the immigration team of KTC is trained to assist employers with a variety of immigration-related challenges.

E-1/E-2 VISA

U.S. immigration policy supports investors and foreign commerce in a variety of ways.  An E-1/E-2 visa is one method for ensuring healthy commerce and Investment with nationals of countries with which the U.S. has a valid Treaty of Commerce and Navigation.

KTC immigration attorneys have helped countless people acquire and maintain their E-1/E-2 visas. While we cannot act as your financial advisors, we have long standing relationships with well-established business brokers who are available to help our clients buy a business or invest in securing a visa.

Our services for E-1 and E-2 visas include:

• Forming and registering a business entity.
• Professionally written 3-5-year business plan setting growth strategies for building a business in the U.S.
• Assisting with gathering and submitting supporting documentation to USCIS.
• Assisting with preparing for the Consular Interview (or USCIS interview if changing status within the U.S.).
• Preparing and submission of amendments or application of renewal of E-1/E-2 visa status to USCIS.

Please contact our office for more information about qualifying treaty countries and/or how to qualify for an E-1/E-2 visa.

E-1 Investor Visa Requirements and Information

The E-1 Treaty Trader Visa allows an individual to enter and work inside the United States based on commerce he or she will be conducting, while inside the United States.

Treaty trader visas are available only to citizens of certain countries, and the company performing the trading must be at least 51% owned by citizens of the same country as the trader the visa is granted to. Persons with the treaty country’s nationality must own at least 51% of the enterprise, and more than 50 percent of the international trade involved must be between the United States and the treaty country.

E-2 Treaty Trader Visa Requirements and Information

The E-2 visa is another visa category furthering U.S. immigration policy to support commerce through investments in U.S. businesses.  The E-2 visa category allows foreign nationals of a treaty country to temporarily live and work in the U.S.  To qualify for an E-2 investment visa, foreign nationals must make a substantial investment in a U.S. business or enterprise.  Investor applicants must also show the investment funds have been legitimately derived and have been or will be subjected to real risk of loss as part of the investment. There is no government mandated minimum requirement, but we suggest a minimum investment of $100,000 to avoid denials on the grounds that the investment is not substantial enough.

Spouses and unmarried children under age 21 can accompany or join an E-2 worker in the U.S., in E dependent status. Spouses may seek work authorization from USCIS upon entry in E dependent status by applying for an employment authorization document.  Spouses and children may also attend school.

Employees of investment companies may also qualify for an E-2 visa.  Please contact our office for more information about qualifying treaty countries and/or how to qualify for an E-2 visa.

EB-5 Immigrant Investors Visas

The EB-5 investor visa allows individuals who are interested in investing a substantial amount in a U.S. based enterprise or business to seek permanent residence in the U.S.  Accompanying spouses and unmarried children under the age of 21, are permitted to immigrate with the primary investor individual.

The EB-5 investment visa must be made for a new business or enterprise that is for profit.

The investor must be actively involved in the operations of the business.

Capital investments must be at least $1.5 million (or $800,000 in certain designated areas through approved regional centers or if the location of your project falls within a Targeted Employment Area (TEA) Capital can include cash, equipment, inventory, etc.

The business must directly create at least 10 new jobs for U.S. workers (or indirectly create 10 new jobs if approved through a regional center) within two years of the investment.

Permanent residence based on EB-5 investments is granted by USCIS on a two-year conditional basis.  After the two-year period is over, the EB-5 investor must demonstrate that all conditions continue to be met for conditional residence to be removed.

EB-5 investment visas are highly complex. For assistance or for questions about this category, please contact our office.

The United States of America is widely regarded as the land of opportunities, with a rich and diverse culture as well as one of the strongest currencies in the world equal to one of the most desirable passports on the planet. The United States remains as one of the most desired destinations for migrants and investors from all over the world.

Legal Basis

Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status based on their capital investment in a commercial enterprise.

The EB-5 regulations may be found at 8 CFR 204.6 and 8 CFR 216.6, respectively.

Benefits of EB-5 Investor Immigration

• When you obtain an EB-5 immigrant investor visa, you become a resident of one of the richest countries in the world.
• No time restrictions on your employment and you will have no need for a sponsor.
• You and your family will be authorized to work at any company in the USA, in any job function.
• Monetary return on investment.
• After 5 years, you may be eligible for U.S. citizenship.

Family Immigration Lawyers

If you are currently a resident outside of the United States, you may be curious about your options for obtaining U.S. citizenship. While there are many choices to consider, the most common form of obtaining lawful and permanent U.S. residency—more commonly known as a “green card”—is a category known as family-based immigration. If you have a qualifying relative for whom you’d like to obtain a family-based visa, our experienced immigration attorneys are available to help.

There are few things more rewarding than helping unite or create a new family. Our family-based immigration strategies have successfully unified families from around the world, and we take great pride in assisting with family-based petitions for United States citizens who are marrying foreign nationals, have foreign relatives, or for permanent residents filing for various family members. We focus on providing the best solution for your immigration.

What is Family-based Immigration and Who Qualifies? 

One of the primary methods of obtaining lawful permanent residency is through a qualifying relative who’s either a United States citizen or a lawful permanent resident. If your relative is a U.S. citizen, they may file an immigrant petition for you if you’re their parent, spouse, sibling, adult child, minor child, or a fiancé who’s residing overseas. If your relative is a lawful permanent resident—or a green card holder—they may petition for you if you’re their spouse, adult unmarried child, or minor child.

To qualify, you must meet the categories listed above, as well as the following:

• Proof of status: Your relative must be able to show documentation of their status as a U.S. citizen or permanent resident, as well as proof of their relationship with you.
• Financial income: Your relative must prove that their income is 125% above the poverty line for their entire family. If your family doesn’t meet this threshold, they can become a joint sponsor with another relative.

There are several different kinds of family-based visas, including spouse visas, K-1 Fiancé visas, K-3 visas, same-sex marriage green cards, humanitarian visas, and more. Note that your relative may also qualify if they’re a refugee or asylee admitted within the past two years.

Understanding the Kinds of Family-based Visas for Which we Can Assist You

For many people, the easiest way to get a U.S. immigration visa or green card is through family sponsorship. Some kinds of family sponsorship include:

K-1 Fiance Visa

A K-1 visa—colloquially known as a fiancé(e) visa—allows an engaged partner of a United States citizen to enter the country if the couple gets married no more than 90 days later.

K-2 Visa

This visa is intended for the children of a noncitizen receiving the K-1 visa. The K-2 visa depends on the K-1 holder (parent) complying with all requirements.

K-3 Green Card for Marriage, or “Spouse Visa” 

The spouse of a U.S. citizen or permanent resident can apply for a green card based on marriage. With a green card, a person can live or work anywhere in the United States, and after a certain amount of time has passed, they may be able to apply for U.S. citizenship.

K-4 Visa

This visa is meant for the children of a noncitizen receiving the K-3 visa (stepchildren). The K-4 visa, as well, depends on whether the K-3 holder (parent) complies with all requirements.

Family-based Green Cards

A U.S. citizen or green card holder may make an I-130 application for an immigrant visa for a spouse or close relatives like parents, children, or siblings.

How to File for Family-based Green Cards

If you are looking to move forward with a family-based green card, the first step is for your sponsoring relative to file a Petition for Alien Relative, Form I-130, a form that defines the relationship between you and your relative. For immediate relatives of U.S. citizens—defined as a spouse, minor child, adopted orphan, or parent—visas are unlimited and always available. Visas for other categories are available but often limited, which may require an extended wait.

Contact One of KTC’s Immigration Lawyers

The most common way for individuals to get an immigration visa or green card in the U.S. is through family sponsorship. Fortunately, a family-based immigration attorney can help in this process by filing and establishing your visa. If you have a qualifying relative for whom you would like to obtain a family-based visa, we can help. We have extensive experience in personally guiding families seeking sponsorship, and we’re dedicated to remaining by your side throughout the immigration process.

At KTC, our knowledgeable team of compassionate attorneys has a wide range of knowledge in U.S. immigration laws, and we look forward to helping you and your family navigate this process.

E-1/E-2 Visa Lawyers

The process of obtaining an E-1 or E-2 visa in Seattle can be complicated for those who do not have reliable legal counsel to consult about their investor-based immigration case. These visas are available for anyone who comes from another country that has a treaty of commerce and navigation with the United States. They may also apply to countries with bilateral investment treaties available for individuals and their families classified as nonimmigrant entries.

Whether you are seeking assistance with applying for an E-1/E-2 immigrant visa locally or maintaining an existing E-1/E-2 visa, you will need the help of an experienced lawyer to walk you through the process and ensure that you adhere to the guidelines for obtaining your visa. The knowledgeable lawyers at KTC are highly experienced in helping citizens of other nations pursue opportunities for commerce in the United States through treaty trader visas and more.

Qualifications and Definition of  E-1 Visas in Washington State

The guidelines for obtaining an E-1 Visa, also known as the “Treaty Trader,” state that it is only available to those coming from outside of the United States to engage in business or commerce for an extended period. This visa grants holders the ability to stay in the United States for two years with the option to request renewal of the visa for an additional two years. There is no fixed number of times that these extensions can be granted if the individual intends to return to their home country once their visa expires and their business in the U.S. is complete.

These treaties are available to individuals seeking commerce or business in the U.S. who come from the following countries:

• Australia
• Africa: Ethiopia, Liberia, Togo
• Asia: Republic of China (Taiwan), the Philippines Japan, Singapore, South Korea, and Thailand
• Central America: Costa Rica and Honduras
• Europe: Austria, Belgium, Bosnia Herzegovina, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Macedonia, Netherlands, Norway, Poland, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom
• The Middle East: Brunei Darussalam, Israel, Jordan, Oman, and Pakistan, Turkey
• North America: Canada and Mexico
• South America: Argentina, Bolivia, Chile, Colombia, Paraguay, and Suriname

If you are not sure whether you should be pursuing an E-1 or an E-2 visa, talking with an immigration lawyer can help you make the right decision and ensure that you are able to move forward with your application successfully.

Guidelines E-2 Visas

The E-2 visa also supports international trade and commerce, but it has a slightly different set of requirements. Rather than focusing on those coming from other countries to “trade” in the U.S, the E-2 visa is dedicated to investors coming in to monitor their investment or to fund different deals related to the company that they have a stake in. For an individual from a different country to qualify for an E-2 visa, they must:

• Be from a country that is engaged in trading and commerce with the United States
• Have invested a substantial amount of capital into the business
• Enter the United States to direct different business activities related to the investment enterprise
• Visitors who are pursuing an E-2 visa tend to come for a short period of time to track the activity of their investment or business, often through a merger or acquisition. Accessing an E-2 visa is only available to those from certain countries, including:
• Australia
• Africa: Cameroon, Congo, Liberia, Morocco, Egypt, Ethiopia, Senegal, Togo, and Tunisia
• Asia: Bangladesh, Republic of China (Taiwan), Japan, South Korea, Kyrgyzstan, Mongolia, The Philippines, Singapore, Sri Lanka, and Thailand
• Central America: Costa Rica, Honduras, and Panama
• Europe: Albania Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Bosnia and Herzegovina, Croatia, the Czech Republic, Denmark, and Estonia
• The Middle East: Bahrain, Iran, Jordan, Oman, and Pakistan, Turkey
• North America: Canada, and Mexico
• South America: Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, and Suriname
• The Caribbean: Grenada, Jamaica, and Trinidad and Tobago

Investors who seek this specific visa must have made a sizable and substantial investment in the form of assets or funds to a business in the United States. Those who are temporarily seeking the opportunity to live in the United States as investors or direct employees of investors are required to obtain the E-2 visa.

Obtaining E-1 and E-2 Visas in Seattle

Although many unique factors separate the E-1 and E-2 visas that those from other countries require, there are a variety of similar aspects. As an example, for an individual to qualify for either an E-1 or an E-2 visa status in Seattle, WA., they must both meet the following specifications:

• The foreign country that the visa seeker is coming from must have an existing treaty with the United States that covered acts of trading and commerce
• Those seeking an E status treaty must possess majority ownership or overall control of the investing and/or trading company they are representing in the United States
• Retain citizenship to the foreign country where the treaty status was filed

Employees of treaty traders, as well as their families, may obtain these visas as long as they are from the same country as their employer, meet the legal definition of “employee,” and they are acting in a higher position within the company such as an executive or a supervisor. They must engage in trade or commerce that includes:

• Goods
• Services
• International banking
• Insurance
• Journalism
• Transportation
• Tourism
• Technology

Receiving an E-1/E-2 visa, or renewing an existing one, as either an individual or a family living in Washington State can be difficult if you are not sure how to start the process.   Our immigration attorneys are available to help.

L-1 Visa Lawyer

Many organizations located in the United States have business partners across the globe. An international affiliate company can offer a broader range of demographics and access to multiple different markets. In some cases, the company may desire to transfer a foreign national from an overseas company into the United States. For the individual to legally work in the United States, both the individual and the company must provide information for an L-1 visa.

An L-1 visa is an option for employers wanting to transfer international workers from a foreign branch, affiliate, subsidiary, or related corporate entity into their related company in the United States. There are many requirements for both the employer and employee to qualify for the visa. When you or your organization is interested in filing for an L-1 visa, discussing your options and qualifications with an experienced L-1 visa lawyer can significantly help you through the process.

L-1A v. L-1B: What’s the difference?

When you’re looking to apply for an L-1 visa, you’ll need to decide which category your employee falls under. There are two distinct types of L-1 visas and understanding what makes them different is crucial in your filing process.

L-1A

If the foreign national employee transferring into the U.S. branch is an executive or manager from the international affiliated office, you will want to apply for an L-1A visa. Another note for this option is that the L-1A visa enables a foreign business to establish an affiliated U.S. office through the executive or manager transferring into the United States. The employee must have the managerial capacity and be able to supervise and control the work of professional employees, as well as manage a department, function, or organization.

L-1B

For the L-1B visa, those who fall under the title of a professional employee or specialized knowledge can be sent over to work in a foreign company’s affiliated U.S. branch. This means that if a foreign national employee demonstrates a specific skill relating to the organization’s interests and the company wants to send them over to their branch in the United States, the company could keep them over in the United States for a maximum period of five years.

Determining the right category for your L-1 visa is vital in knowing how long the employee can stay in the United States and the type of information they may need to submit with their application. Having a professional employee come to an affiliated U.S. company can provide many great opportunities for foreign nationals and U.S. workers.

What are the company requirements for the L-1 Visa?

Along with the individual requirements specifically for the L-1A and L-1B categories, general requirements must be met for the company to send over either a manager, executive, partner, or individual with specialized knowledge. Consider the following requirements for the L-1 visa:

• There must be a recognized relationship between the business in the United States and the business in a foreign country.
• The business located in another country must either already have business with the company in the United States or plan to create one during the period of the L-1 visa.
• The employee transferring to the United States must have at least one continuous year with the company three years before admission into the United States.

Discussing your options and the types of documentation you need to qualify for the L-1 visa is crucial to the success of your application. Completing the process on your own is difficult when you are unfamiliar with the United States immigration laws. Contacting an experienced immigration lawyer can help you feel confident and secure in your application.

Steps to take for the L-1 Visa Application

Each visa application process is different and requires multiple steps to fulfill all the necessary verification. Consider the following for information on the L-1 process:

• File an I-129 form with the United States Citizenship and Immigration Service and provide documentation showing the company and the employee’s eligibility for an L-1 visa.
• After approval with the USCIS, the applicant may apply for a visa at a United States embassy, in their home country, or apply for a change of status while inside the country.
• If outside the U.S., the applicant must go through consular processing and fill out a DS-160 online visa application. They will need to bring the confirmation and filing fee to the consulate or embassy.
• Once the applicant finishes consular processing, an immigration officer will determine your eligibility through a personal interview.
• You will be issued your L-1 visa after you pass the interview, and then you can start working for your company in the U.S.

Gathering the necessary information and documentation can be challenging with all the other preparations you have on your plate. With the help of a reliable immigration attorney, you’ll be able to focus on your tasks while staying up to date on the visa application process.

H-1B Visa Lawyers

The H-1B visa is one of the most well-known U.S. employment visas and employs thousands of foreign nationals from various industries each year. From mechanical engineers to software developers, many skilled workers from abroad work under the H-1B visa for their position in the United States. In 1990, the specialized visa program introduced opportunities to expand the available labor to U.S. companies. This allowed organizations within the U.S. to seek qualified noncitizen workers by sponsoring and allowing them to live and work within the United States.

Having a valid H-1B visa can allow those with specialized skills to enter the United States for three years, with possibly another three-year extension. While this visa option allows many foreign nationals the opportunity to work in the United States for a brief time, going through the process and applying for the visa can be complicated and overwhelming. You’ll need to provide evidence of your qualifications and navigate the multistep process, which can be challenging if you are unfamiliar with immigration law.

What is the H-1B Visa?

The H-1B visa is an employment-based program in the United States that allows employers to seek foreign nations as workers in a specific career. An organization can hire a nonimmigrant foreign worker for a specific occupation, distinguished merit, or significant ability. This specialty occupation requires the applicant to have a significant amount of knowledge and have attained at least a bachelor’s degree or equivalent in experience.

U.S. employers who cannot obtain the skills or abilities required for the position from the workforce within the United States can use this visa to temporarily fill the position to a qualified individual from another country. While some may fear that this visa allows foreign nationals to take jobs from U.S. citizens, the law and the U.S. Department of Labor establishes standards that protect U.S. workers from being affected by the employment of foreign national workers. The law also protects the H-1B nonimmigrant workers so that they are not taken advantage of and susceptible to unfair wages.

What are the requirements for the H-1B Visa?

The H-1B visa is specifically for skilled workers who have exceptional abilities and qualifications in an industry with a talent shortage in the United States. For an individual to receive an H-1B visa, they must prove that they have specific educational requirements. Those interested in working within the United States must have the following to qualify for the H-1B visa:

• The employer must show that they have a vacant position that needs an individual with a specialty occupation and skill to perform the job.
• The foreign national must have a bachelor’s degree or higher to qualify for the position.
• The foreign national has the equivalent experience or education to qualify for the specialty occupation.

Both parties must collect the necessary job credentials before filing to prove that all the requirements for the position are met. In order to show that the individual qualifies for the special position, they must show one of the following:

• A degree for the position is typically required.
• The minimum requirement for entry into the position is a bachelor’s or higher degree.
• In the same industry, there are parallel positions among similar organizations that require a degree.
• Only an individual with a specific degree or experience can perform the complex or unique position.
• Only someone with a bachelor’s level or higher has the knowledge and experience to handle the specialized nature and complexity of the position.

There are many opportunities in the United States for H-1B positions. Some of the most common jobs that qualify for H-1B visas include engineers, lawyers, accountants, healthcare professionals, and many others.

How to find an H-1B sponsor?

After you identify several companies that sponsor H-1B applicants in your area of expertise, monitor their websites for open job applications and ensure your resume and other documents are ready to submit as soon as you see an opening. The general process to secure an H-1B visa includes the following steps:

• Find a U.S. employer willing to sponsor foreign applicants.
• Gather your documents that prove your qualifications for the job and the H-1B visa.
• Have your employer file an H-1B petition and enter your petition into the visa lottery.
• Wait for the United States Citizenship and Immigration Services (USCIS)to send a notice on your application.

Whether you currently reside in the United States or are looking at job openings from within another country, you’ll need to make sure that the job positions are open to foreign workers. Some companies may sponsor non-U.S. workers, but the specific position is only available to U.S. citizens. Once you confirm that you have the qualifications and are approved for the position, you can continue with the process.

Global Resources

The advancements our society continues to make in progressive technology allow businesses worldwide to connect and promote in international markets. Business owners are now looking to branch out and develop in other countries to improve and widen their outreach. However, many businesses may be unaware of the cultural differences in business practices and fail to update their plan. To make sure companies are familiar with the new location’s legal and social business practices, an immigration lawyer can help them seed new connections.

KTC is Seattle-based with a global reach. We can cover your corporate and personal immigration and visa needs in virtually any country through our network of affiliated relationships around the globe. With many years of experience in immigration law, we are fortunate to have built relationships with experts in immigration corporate law and tax professionals in various parts of the world. Our partners are responsive, dependable, and dedicated to providing the same positive experience to our clients that we strive to achieve.

Washington State Business Immigration Lawyers

In today’s vast business world, potential employees can be found all across the globe. However, you may face a hiccup when hiring these international employees. Once you’ve recruited and hired the perfect candidate, you’ll want to ensure they’re authorized to live and work in the U.S. To do so, it may benefit you to seek guidance from an immigration lawyer to help avoid roadblocks.

We advise on all areas of U.S. business immigration law and can assist you in obtaining nonimmigrant visas for professionals, intra-company transferees, research scholars, traders and investors, trainees, and agricultural workers. If you’re seeking to sponsor employees for permanent residence, we can guide them through the process from labor certification through adjustment of status or immigrant visa processing at a U.S. Consulate or Embassy. Plus, you’ll benefit from our extensive experience with Priority Worker permanent residence petitions and National Interest Waiver cases. We’re a one-stop-shop!

Understanding Business Immigration Services

If you’re a business looking to hire exceptional international employees, then you’re in luck. With an experienced immigration business services lawyer by your side, you may be able to help attract professionals, investors, those with extraordinary ability, and other best-in-class international clients seeking assistance with investor visas, labor certification, employment-based immigration, and other vital immigration matters.

A top lawyer can help with all of your business immigration matters, including nonimmigrant petitions and applications, green card processing, including labor certification and immigrant petitions, as well as business visitor entries. Here are a few of the business-related services we offer:

Employment-based Immigration

The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for noncitizens and their spouses and children who wish to immigrate to the United States based on their occupational skills. For a worker to qualify, they need the right combination of skills, education, and work experience to qualify for an employment-based immigrant visa.

I-9 Compliance

All employers must complete and retain Form I-9 for their employees in the United States, which includes citizens and noncitizens. Employers are required to verify the employment eligibility, identity documents presented by the employee, and record the document information on the Form I-9. Even in the quietest of times, immigration law, especially I-9 compliance, can be complex. Fortunately, with a lawyer by your side, you can more easily navigate this process.

Investor Visa

U.S. immigration policy backs investors and foreign commerce in a variety of ways. For instance, the E-1/E-2 visa is one method for ensuring healthy commerce and investment with nationals of countries with whom the United States has a valid Treaty of Commerce and Navigation.

U.S. Immigration Lawyers

If you are facing legal challenges related to U.S. immigration in Seattle, you need a legal professional on your side who can provide you with dedicated counsel and help you navigate the complexities of the immigration process. Regardless of the difficulty that you may be facing, whether it is related to obtaining a visa or determining your eligibility for immigration, working with a lawyer that you can trust is one of the most reliable ways to ensure that your immigration case is less challenging.

Below are some valuable ways that retaining an experienced immigration lawyer can make it easier for you, your employer, or your loved ones to understand and approach the different nuanced aspects of U.S. immigration law.

Responsibilities of an Immigration Lawyer

When it comes to partnering with a legal representative who can help you manage your case, it is essential that you work with a lawyer who is familiar with the different aspects of immigration law. Working with a knowledgeable immigration lawyer has many advantages and benefits for anyone who is hoping to obtain a visa, citizenship, or permanent residency. Immigration lawyers are responsible for helping clients in any of the following ways:

• Assist with immigration cases for corporate employees.
• Draft important documents such as appeals and support letters.
• Ensure that all documents are accurate and compliant with existing guidelines.
• Evaluate and prepare appropriate petitions for U.S. immigrant visas.
• Handle immigrant and non-immigrant visas related to U.S. employment.
• Provide counsel on U.S. immigration laws to business owners and organization leaders.
• Manage immigration cases until they are completed within a specific timeframe.
• Resolve complex legal challenges related to immigration and obtaining visas.
• Depending on the situation you are facing, an experienced immigration lawyer in Seattle will also be able to assist you with:
• Deportation
• Employment for non-citizens
• Green cards
• Naturalization
• Visa applications

If you are at the beginning of your U.S. immigration journey and you are unsure of where to start, a skilled lawyer will be your greatest ally when it comes to providing reliable assurance that your case will be handled appropriately and with the attention that it requires.

Types of U.S. Immigration

According to the State Justice Institute, there is an assortment of different classifications for U.S. immigration status. These categorizations exist to ensure that each immigrant entering the country is accounted for based on their intentions for coming to the United States. Depending on the reason you are seeking immigration, these types of statuses can range from:

• Naturalized citizenship
• Lawful permanent residence
• Conditional permanent residence
• Family-sponsored visa holders
• Non-immigrant temporary visa holders
• VAWA (Violence Against Women Act) petitioner status
• SIJ (Special Immigrant Juvenile) status
• Refugee or asylee status
• T-visa (victims of trafficking) holders
• U-visa (crime victim or witness) holders

In addition to these specifications, there are many visas that can apply to specific circumstances based entirely on the unique details of your immigration case. It may be difficult to determine which visa best applies to your situation but working with an experienced immigration lawyer can make it easy to understand which option is best for you. Other visas which are available to those hoping to obtain immigration in the U.S. include:

• B-1: Temporary Visitor for Business
• H-1B: Employment-based visa, 3-6 years
• H-1B1: Employment-based visa for those from Chile and Singapore
• H-2B: Employment-based visa, 1-3 years
• H3: Employment-based “training” visa, up to 2 years
• L-1A: Visas for executive employees outside of the U.S.
• L-1B: Visas for employees with specialized knowledge
• E-1: Treaty traders
• E-2: Treaty investors
• E-3: Australian specialty occupation workers
• TN: NAFTA professionals from Canada and Mexico
• EB-1: Employment-based visa for extraordinary ability
• EB-5: Investors classified as “creation immigrants”
• K1: Non-immigrant visa for fiancé(e)
• K3: Non-immigrant visas for spouses
• R-1: Non-profit employment in a religious occupation
• O-1: Non-immigrant visa for those with extraordinary ability in the arts, athletics, business, education, or sciences
• P-1: Speciality visa for athletes or entertainers and their direct support staff

Many of these visas and residencies rely on specific documentation being completed and submitted in accordance with strict standards. The process of assembling the necessary information required to correctly fill out and submit these documents may be time-consuming and challenging for those hoping to obtain immigration in the United States. One of the best ways to guarantee that your visa application is correctly submitted is to work alongside an immigration lawyer in Seattle that you can trust.

Eligibility for Employment-based Immigration 

In the United States, workers who come from outside of the country are required to obtain a visa. As we mentioned above, these types of employment-based visas are numbered based on “preference,” which means that certain individuals will have a priority for immigration in relation to their abilities.

Determining which of these visas best suits your skillset can be confusing, especially if you are beginning the process of submitting an immigration application. When you enter the U.S. on an employment visa, they are categorized in the following way:

• EB-1: First preference for employment for anyone who exhibits “extraordinary” abilities in the arts, athletics, business, education, or sciences
• EB-2: Secondary preference for employment for anyone who exhibits “exceptional” abilities in the arts, athletics, business, education, or sciences
• EB-3: Employment for those who are professionals in their field, skilled workers, or any other variety of worker
• EB-4: Employment for special immigrants and those who work in a non-profit religious organization
• EB-5: Those who are considered “creation immigrants” and invest in a U.S.-based organization or business

If you are working directly with your employer who is already in the United States, the process for obtaining your immigrant visa may vary depending on the work you are planning to do. Although your U.S.-based employer may handle the majority of your case, it can be beneficial to contact an experienced immigration lawyer to consult them about any legal questions you may have in relation to your visa or employment.

Washington State Adjustment of Status Lawyers

Adjustment of Status (AOS) is a process in the United States that allows a foreign national to apply for lawful permanent residency — also known as a green card — while they are still in the United States. This gives people the opportunity to apply for residency without leaving and returning to their home country. For many, this process is much easier than returning to their country and sometimes safer.

When you’re seeking an adjustment in your immigration status, contacting an adjustment of status lawyer can significantly help you navigate through the process.  Without the assistance of a legal representative, you may miss the necessary steps that can jeopardize your visa and immigration.

 Requirements for an Adjustment of Immigration Status

When you apply for an adjustment of status, you’ll be able to stay in the U.S. even if your visa expires before the change is approved. In order to apply for an adjustment of status, you must fall under one of the below categories:

• Family-based immigration
• Employment-based immigration
• Refugee or Asylee Status
• Special Immigrant
• Victims of Abuse
• Human Trafficking and Crime Victims
• Other categories as stipulated by the U.S. Citizenship and Immigration Services

When you use an adjustment of status, you just need to use a valid visa or the Visa Waiver Program to show that you are still in lawful status and your visa is not yet expired. However, if you are applying for an adjustment of status by marriage to a United States citizen, you can use AOS even if your visa has expired. This works only if you entered the U.S. with a valid visa or waiver.

Steps to Take During the Adjustment of Status 

After discussing with your lawyer about your eligibility, you’ll start the process of applying for an adjustment of status. You may feel overwhelmed and unfamiliar with the process, but your attorney can help explain in detail what you need to complete and consider during each step.

Consider the following steps to help you better understand the adjustment of status process:

File an Immigration Petition

There are two forms that most people applying for a green card will need to submit: an immigrant petition and a Green Card application. Either an employer, family member, or someone else may sponsor or petition for you, and in some cases, you may be eligible to file for yourself. This petition is important and plays a part in validating your position and forms.

Confirm Visa Availability and Apply

Form I-485 is used to apply for permanent residency. However, you are not able to file until there’s a visa available in your category. The United States has a limited number of available visas in each category, so making sure there is availability before you apply for permanent residence in the United States is essential.

Talk with your attorney about which form you need to fill out. While most people filing for adjustment status will fill out the Form I-485, some categories may require a different document.

Present Identification at an Application Support Center

Once you submit your application and petition, you will receive a notification through email discussing when you can provide biometric information like fingerprints, signatures, and photographs. These documents are used to help verify your identity and will make sure you pass security checkpoints.

If Necessary, Attend an Interview

Not everyone applying for an adjustment of status will need an interview. When the United States Citizenship and Immigration Services (USCIS) reviews your application, they will decide if an interview is necessary to validate your application. You will be asked questions under oath or affirmation that will help the interviewing officer determine whether or not your application will continue. After informing you of the date, time, and location, you’ll need to gather the original documents that the immigrant petitioner submitted with the Form I-485.

Await the Final Decision

Waiting may seem never-ending, but the timeline for the adjustment of status process is around eight to fourteen months. Once the United States Citizenship and Immigration Services makes their final decision on your visa application, you will be notified in writing of your permanent residency status. Your Permanent Resident Card, or Green Card, will be issued shortly after the approval of your application is approved.

If your application is denied, you will receive your letter, and it will state the reasons why your application was denied. Talk with your immigration lawyer about appealing the decision if you have more information that might help.

Primary Attorney Contacts

Ché C. Dawson
Kripa Upadhyay
Ava Xiaoqiu Wang

Other Attorney Contact

Eileen DaPra

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