Dallas and Frisco Texas Immigration Attorneys Getting Results for Businesses and Individuals

Rabinowitz & Rabinowitz, P.C. represents prospective investors with strategic U.S. immigration planning and the implementation of comprehensive visa solutions to support business goals. Foreign­-born persons seeking a U.S. immigration status based on investment in or engaging in trade through a business in the U.S. have both temporary and permanent visa options. Nonimmigrant visa benefits permit investors and certain key employees to temporarily conduct business in the U.S. These nonimmigrant investor visa statuses are available through the provisions of special treaties between the U.S. and the country of which the individual visa applicant is a national. Some of these international agreements authorize E-­1 Treaty Trader visa status, others authorize E­-2 Treaty Investor status, while other agreements provide for both types of investment-based nonimmigrant visas. Investors seeking a more permanent U.S. immigration status might consider EB-5 immigrant investor visas whether by direct individual investment or by participation in a designated Regional Center.

Rabinowitz & Rabinowitz, P.C. represents multinational businesses in strategic planning and the design of comprehensive solutions which provide a smooth and cost-­effective path for the movement of international personnel into the U.S. The L-­1 intracompany transferee classification can be an exceptionally useful tool for qualifying multinational business entities. In contrast to the H­1-B nonimmigrant visa classification, the L-­1 nonimmigrant visa classification is not subject to an annual numerical cap on petition approvals. Predicated on the existence of qualifying relationships between the foreign and U.S. business entities, certain executive, managerial and specialized knowledge employees may be admitted to the U.S. in L­-1 status to work for either new or existing U.S. businesses. In lieu of filing individual L­-1 petitions in the U.S., some multinational businesses qualify to file blanket L­-1 petitions. The nonimmigrant intracompany transferee benefit has its parallel in the immigrant visa context, allowing certain qualifying individuals to obtain lawful permanent resident status.

Rabinowitz & Rabinowitz, P.C. begins all H­1-B cases by analyzing both the present and future needs and goals of the employer and employee, and focuses on strategic immigration planning with an eye to a comprehensive solution that best supports staffing stability on the business side, corporate compliance programs that provide peace of mind to the employer, and a roadmap for the future for the foreign-born employee. These visas provide temporary, employer­-specific work authorization that is tied to specialty occupation positions requiring a bachelor’s or higher level college degree in the specialty, and the theoretical and practical application of a body of highly specialized knowledge. The annual H­1-B visa numerical cap has been a frustrating factor for businesses and prospective employees alike, though a creative analysis of employer needs and beneficiary qualifications can sometimes yield insights into which alternative nonimmigrant visa classifications might enable employment outside of the cap. Porting provisions for H­1-B changes of employers can provide relief from processing time waits for some businesses and employees.

Rabinowitz & Rabinowitz, P.C. represents U.S. employers and their Canadian and Mexican employees in thoroughly documenting eligibility for TN status (including the more difficult Management Consultant cases), in drafting visa applications and preparing Mexican employees for their visa interviews, and in advising Canadian employees about port of entry and pre-­flight inspection processing of their applications for admission. Among the benefits of the North American Free Trade Agreement (NAFTA) is a special nonimmigrant status for qualified Canadian and Mexican citizens who seek authorization to work in the United States at a professional level in specifically named occupations for an identified U.S. employer. Canadian citizens entering the U.S. in TN status are visa exempt; but, Mexican citizens entering the U.S. in TN status must obtain a visa. Unlike H­1-B and L-­1 visas, there is no statutory limit on consecutive years spent in TN status, but TN beneficiaries must prove that they intend to return home and that they do not intend to immigrate to the U.S..

At Rabinowitz & Rabinowitz, P.C., we perform comprehensive analyses of employment-­based immigrant visa options in every case, and craft individualized solutions that provide the smoothest and most timely path for case resolution, all with an eye to cost-­effective service. With limited exceptions, immigrant visa petitions for Second and Third preference employment-based immigrants require an approved labor certification from the U.S. Department of Labor (DOL). Employers must demonstrate and in turn DOL must certify that with respect to the position offered to the prospective immigrant, there is no U.S. worker who could be found who is able, willing, qualified and available to assume the position in the area of intended employment. Employers must also demonstrate that the employment of the prospective immigrant will not have an adverse effect on the wages and working conditions of U.S. workers who are similarly employed. As part of this process, employers must perform a test of the U.S. labor market which involves active recruitment that satisfies the requirements of the regulations.

Rabinowitz & Rabinowitz, P.C. understands the exceptional sense of time compression felt by both U.S. citizen petitioners and foreign­-born beneficiaries. We work diligently to promptly move cases through the preparation stages to filing stages, monitor cases closely as they progress through the government agencies involved, and keep clients up to date about case status and expected time lines, answering the questions that may contribute to peace of mind. We never forget that what drives K-­1 cases are family dreams, and we strive to have the visa processing be as smooth as possible for our clients. Technically a nonimmigrant visa authorizing only a limited period of stay in the U.S., the K-­1 visa is nonetheless designed for and at its consular application stage is processed as if it were intended for an immigrant. The K-­1 nonimmigrant must seek to enter the U.S. solely to marry the U.S. citizen petitioner and must in fact marry that person within 90 days in order to go forward with the next stage of processing that will ultimately result in conditional lawful permanent resident (Green Card) status.

At Rabinowitz & Rabinowitz, P.C., we provide comprehensive solutions and cost-effective service that respect the corporate bottom line and personal finances. Whether employment-­ or family-based immigrant status is sought, applicants embracing the goal of living permanently in the United States are looking for an experienced analysis of available benefits and possible impediments, timely case preparation and processing, and personalized and proactive service from a trusted advisor. There are two principal bases through which individuals can obtain lawful permanent resident (Green Card) status – employment in the U.S. and close relatives who are U.S. citizens or lawful permanent residents. Under these two broad categories of potential eligibility appear numerous sub­-classifications, each with its own eligibility requirements and strategic opportunities. Some of these categories require a waiting period that is dependent primarily on government processing time. Other categories have visa waiting periods of varying lengths due to the annual numerical limit on visas allocated on the basis of the “chargeability” of the prospective immigrant to a particular country.

At Rabinowitz & Rabinowitz, P.C., we recognize the deep personal significance of the decision to apply for U.S. citizenship and feel privileged to represent our clients in this process. In its simplest variants, U.S. citizenship may either be acquired at birth in the U.S. or result from an application to naturalize filed by a qualifying lawful permanent resident. There is, though, a surprisingly long list of alternative ways that a person is deemed to be or becomes a citizen of the U.S., including by acquisition at birth abroad and by the naturalization of one or both parents. In whatever manner U.S. citizenship is legally recognized, it carries with it important rights, responsibilities and benefits. U.S. citizens, including those who became citizens by naturalization, may file immigrant visa petitions for spouses, minor children, and parents outside of the system of numerical limitations. An application for naturalization is the U.S. government’s last opportunity to review a foreign-­born person’s U.S. immigration history; as such, a careful evaluation of eligibility is crucial and a properly prepared application is imperative.