Immigration Employment

Immigration employment attorney Austin

    • The experienced lawyers at Jarvis, Garcia & Erskine Law can explain EB-5 visas in further detail, and guide you through the complicated visa application process. Contact our Austin law office today for more information by calling 512-359-3030 or by emailing us. Our law firm serves clients throughout the Austin metropolitan area and from the surrounding Central Austin area. Hablamos español.
    • Jarvis, Garcia & Erskine Law assists foreign nationals and American employers in obtaining immigrant and nonimmigrant visas. If you are a noncitizen seeking employment or conducting business in Central Texas, or if you are sponsoring a worker for a specific position, contact our Austin law firm.
    • Our lawyers are knowledgeable about all facets of business-based immigration. We can provide assistance / guidance for many types of business and employment visas, including:
      • B-1 and B-2 visas — business investors and treaty traders
      • EB-5 visas — investors in U.S. businesses
      • H-1B visa — specialty occupations
      • EB-1 visas — priority workers (valuable skills)
      • O visas — extraordinary ability or achievement
      • P visas — athletes, entertainers and artists
      • R visas — religious workers
      • H-2A/H-2B visas — temporary and seasonal workers
      • TN visas — NAFTA visas for professionals from Canada or Mexico
      • L-1 and L-2 visas — intracompany transfers
    • We handle the legal issues so you can focus on your business
    • Immigration law is complicated and in constant state of flux. Keeping up to date on visa requirements can be very time consuming and arduous. At Jarvis, Garcia & Erskine Law, we understand that you don’t have time to dig through the details and research all the regulations. You have a business to run and maintain.
    • Let us handle the legal details for you. From our office in Austin, we advise Central Texas employers statewide about labor certification, quotas for different categories or countries, admissibility problems and all other aspects of employment immigration. We will utilize our immigration acumen to work on your behalf so that you can get back to what matters: running your business.
    • Contact Us For A Free Consultation About Employment Immigration Issues
    • Please call our Austin business immigration attorneys at 512-359-3030 or email us to set up an initial consultation. We are ready to assist you and/or your company today. Hablamos español.

Employer Visa Information

Jarvis, Garcia, & Erskine Law, are dedicated to helping multinational and international U.S. employers diversify their workforce by sponsoring qualified individuals to live and work in the United States.

In order to recruit and hire foreign workers, employers must first obtain the proper visa. The most common visas used by sponsoring U.S. employers are the H-1B, L, and TN visas. Our Austin Immigration Attorneys can help you find the proper visa to fit your business’s needs. Employers have many options to sponsor qualified foreign employees who want to enter, work, or remain in the United States. Studies have shown that a diverse work force means “good business” because immigrants contribute their expertise, language skills, and work ethic to any enterprise.

L-1 visas allow U.S. employers to transfer foreign executives, managers, or other employees with specialized knowledge within the same company. The L-1A classifications does not require that the foreign company have an established affiliation with an office in the United States, but permits the foreign executive or manager to come to the United States with the purpose of establishing one. To qualify for an L-1 classification, employers must show a “qualifying relationship” with a foreign company or affiliate with which they currently conduct or plan to do business. Although this visa does not require proof of “international trade,” employers must still demonstrate a true business relationship evidenced by a consistent “provision of goods or services” through a qualifying foreign organization.

TN visas permit Canadian and Mexican professionals temporary entry into the U.S. to engage in business activities. This is made possible by the special relationship between the U.S. and its neighbors under the North American Free Trade Agreement (NAFTA). Engineers, accountants, scientists, lawyers, and other professionals are all eligible for this nonimmigrant classification so long as they have a prearranged job with a U.S. employer. NAFTA professionals are granted an initial 3-year period of stay, which can be renewed if they want to remain in the U.S. In order to extend their stay, TN visa holders must file a request on Form I-539, Application to Extend/Change Nonimmigrant Status before their stay expires. Remaining in the U.S. without authorization could bar the foreign national’s return to the U.S. or even trigger deportation.

The H-1B visa applies to foreign employees who are qualified to perform services in a “specialty occupation,” jobs related to the Department of Defense (DOD), and other work requiring “exceptional” merit or ability. In order to be eligible, the applicant’s prospective employer must extend a job offer to candidates meeting specific criteria. Specialty occupations and DOD workers in research and development require a bachelor’s degree or higher and the relevant license to practice. The employee may hold an equivalent foreign degree or training, but is required to have the appropriate expertise necessary to carry out duties related to the specialty. Employers may also obtain visas for prominent fashion models of “distinguished merit and ability. Except for DOD workers, H-1Bs generally require that the employer first file an approved Labor Certification Application with the Petition for Nonimmigrant Worker.

Whatever your business is looking for, Jarvis, Garcia, & Erskine Law, can help you grow your diverse workforce and navigate the complicated immigration law framework. Contact us now at 512-359-3030 to discuss your business’s needs.