We live in a globalized world that is increasingly interconnected and undoubtedly this translates to the business landscape. More than ever, companies are looking to do business with and hire and work with people from other countries, which can lead to complex legal and business issues pertaining to immigration law, real estate law, among others. In these cases, the importance of having a team of attorneys with experience in immigration law cannot be understated. Attorneys, such as those at The Saade Law Firm, P.A., are committed to helping clients navigate this ever-evolving world, understand their rights as business owners, and mitigate any potential risk that might arise and pose a threat to the business, employees, and other stakeholders.
Business immigration law is both the largest and most rapidly evolving part of immigration law, and in this article we will explore its many complexities and the importance of hiring immigration law attorneys. Business immigration law covers a lot of topics, but at its core it refers to the laws United States companies use then hiring or working with employees from other countries. Business immigration law firms handle everything from work visas, investor visas, employment-based green cards, permanent residences, and more. The American immigration system is complex, and the attorneys at Saade Law stay up-to-date with the latest and have vast experience in the field to help clients. The immigration process is complex and confusing, and even small or careless mistakes can lead to severe negative consequences. Read along as we dive deep into what business immigration law entails and how attorneys can help clients navigate the landscape.
Employment Status after Mergers and Acquisitions
Mergers and acquisitions can affect the legal status of foreign nationals.. Most employment-based visas for non immigrants limit the individual to working only for the company that obtained authorization to employ them. The most common types of nonimmigrant visas (NIV) are the H-1B, L-1, E-2, and TN, which we will dive into in the section below. In most cases, if a foreign national with a nonimmigrant visa changes employers due to an M&A or corporate restructure, the new employer must obtain approval from the United States Citizenship and Immigration Services (USCIS) before said foreign national is authorized to work for their company. This means that if the employee's legal status is tied to their employment and the employment ends, the individual could fall out of lawful status to work in the United States. Having a team of knowledgeable business immigration attorneys is paramount during times of corporate restructuring.
There are many types of work visas and permits, each with its own requirements and complexities. This is the case because different visas suit different types of employment or jobs, which is why it is key to apply to the correct visa. Most foreign nationals who wish to work and invest in the United States apply for the following visas:
- H-1B Visa: granted to temporary workers in a specialized profession. This includes professions such as engineers, teachers, scientists, accountants, among others.
- B1 Business Visa: granted to individuals that can prove they are entering the United States for legitimate commercial or business activities.
- 01 Visa: foreign nationals with extraordinary abilities in sports, education, sciences, business, arts, TV, film, and more can apply to obtain this visa.
- L-1 Visa: Intra Company transfer visas are used to transfer foreign nationals to continue employment with a parent, branch, subsidiary, or affiliate of qualifying organizations in a managerial, specialized, or executive role.
- E-2 Visa: this category of visa is used to give employment to people that share a nationality with the company employing them in the United States and applies for managerial positions or essential skills. For example, a Spanish-based company’s branch in the United States employs a Spanish national with an E-2 visa.
- TN Visa: under the provisions of the United States-Mexico-Canada Agreement (USMCA) citizens of Canada and Mexico are eligible to work in certain occupations including biologists, chemists, and engineers.
Your trusted attorneys at Saade Law are committed to helping businesses maintain the integrity of United States immigration law and ensure employers and individuals adhere to procedures and regulations. This includes regulatory compliance with the Employment Eligibility Verification Form I-9, e-verify enrollment and onboarding, human resources training, proactive self-audits, litigation, and more.
Legal Help from Experiences Business Immigration Attorneys
An office of trusted immigration attorneys can help clients navigate the complex components of the United States immigration system and how it affects their business and employees. This includes consular matters, ports of entry, status upon admission, and more. Given the complexity of the international business landscape as well as immigration policies, sensitive matters will arise and the right team of attorneys will help clients navigate it while upholding their best interests and business goals.
The attorneys at Saade Law will be your zealous advocates in different legal matters including, but not limited to, immigration law, real estate law, and influencer marketing law, to name a few. Saade Law is your one stop shop to start, protect, and operate your business. Contact us today!