What Is Business Immigration and How Can an Attorney Assist You?

Business immigration is a legal way for companies to hire foreign resources/talent or take business-related tours. This is mostly common in business-oriented countries like the U.S. or Italy. Let’s say you are the founder of a successful tech startup in America, and you’ve found your dream hire from overseas who possesses skills that would greatly benefit your business. In such a scenario, business immigration can help you make it happen. 

While starting your business venture cross-border sounds excellent, you must pass the relevant immigration laws. An experienced attorney will make the journey less cumbersome and seamless.

A Guide To Business Immigration

Business immigration refers to the legal processes that permit foreign citizens to enter, work, or do business in a new country, such as the U.S. or Italy. Every nation has different visa classifications for foreign employees, depending on the applicant’s type of employment and expertise.

Below are examples of business immigration for the U.S.:

1. Temporary Visas: U.S. firms temporarily hire alien employees in specialty occupations (such as I.T. or engineering) by using non-immigrant visas like the H-1B.

You can also opt for an E-1 treaty trader visa if you want to start a business in the U.S. This visa is applicable for those whose home country is involved in a trade treaty with the U.S. It can be renewed until your business remains operational. 

2. Intracompany Transferees: Employees of international firms could be eligible for an L-1 visa, which would allow them to move to U.S.-based branches as managers or employees with specialized knowledge.

3. Investor Visas: These include programs like the E-2 and EB-5 immigrant investor visas for people who intend to invest significant amounts of money in a U.S. business. The EB-5 visa is an excellent option for acquiring permanent residency for people who can create jobs for U.S. workers.

4. Permanent Workers: Different types of immigrant visas are available to alien employees with job offers who wish to obtain a Green Card. Specifically, the EB-1, EB-2, and EB-3 categories are for persons of extraordinary ability, advanced degree holders, and skilled professionals.

On the other hand, Italy’s business immigration policy encompasses:

1. Work Permits: Non-EU citizens can apply for visas that enable them to work (e.g., various national visas). However, they must provide employment, or job offers from an Italian organization. Italy offers an investor visa for those willing to invest significant amounts in Italian companies or government bonds. 

2. Startup Visa: This is another type of visa offered by Italy aimed at entrepreneurs who want to set up an innovative business in the country under specific requirements.

This insight into business immigration in both countries enables employers to recognize the most appropriate options according to their needs and goals.

How the Business Immigration Process Works

The business immigration process can be intricate and varies significantly between countries. We strongly recommend you seek reliable international law services like Di Martino Law Group to assist you. Here are the typical steps involved:

In the United States:

1. Choose the Appropriate Visa Type: Based on the job description and qualifications of the candidate, determine the correct visa category, whether it’s an H-1B, L-1, or investor-related visa.

2. Filing Petitions and Applications: File the appropriate petitions with USCIS. For example, employers must file a Labor Condition Application for H-1B employees to attest that hiring alien candidates will not adversely affect local job conditions.

3. Obtaining DOL Certification: An employer seeking to hire an alien employee must get approval from the U.S. Department of Labor (DOL) that no qualified Americans can be located for this job.

4. File Form I-140: Employers can file Form I-140 (Immigrant Petition for Alien Workers) once they have obtained a DOL certification to start the green card process.

Once the I-140 is approved, the alien worker can either adjust their status (via Form I-485) or proceed with consular processing if they are outside the U.S. Upon approval, they are issued a Green Card to establish their permanent residence in the USA.

In Italy:

1. Determine Visa Type: Choose a suitable visa type according to whether you are applying for employment or business investment.

2. Job Offer Requirement: Obtaining an official offer letter from any Italian organization with documentation proof of the employer’s eligibility is obligatory.

3. Submit Application: Compile the necessary files, education transcripts, health insurance information, and a criminal history check, and submit them to your local Italian consulate or embassy.

4. Investments for Resident Permits: For investor visas, provide evidence of the investment (e.g., contracts, bank statements) that meets the specific thresholds set by Italian law.

5. Application for Residency: If the visa is approved, apply for a residency permit (permesso di soggiorno) in Italy and register their residence with local authorities.

The distinct legal frameworks and processes highlight the importance of thorough preparation and the guidance of a qualified attorney.

Attorney’s Role in Your Business Immigration Process

Here’s how they can assist you:

1. Understanding Visa Options: An attorney will explain the different visa options available and are accepted by both the host and the new country. Depending on your situation, they help you select the right one.

2. Preparation and Filing of Petitions: Attorneys help prepare the correct application to avoid errors that may lead to denials.

3. Regulatory Compliance: Staying abreast of changing immigration laws in two countries can be intimidating. A lawyer can advise on the latest rules and assist in setting up procedures to assure compliance.

4. Handling Denials and Appeals: If an application is denied, an attorney can determine why the refusal occurred and assist you with different appeals processes in Canada or the U.S.

5. Assistance with Family Visas: If the foreign worker has family members needing visas. A lawyer can help them navigate family immigration and ensure that all proper paperwork is in order.

6. Long-term Immigration Strategy: An attorney will work with you to develop a long-term business. Immigration plan that supports your organizational goals, saves time, and reduces costs.

Expand Your Work/Business Goals Abroad

​Business immigration presents significant opportunities for employers and foreign talent seeking to contribute to the economy.​ Engaging an experienced attorney simplifies these processes. Providing you with the necessary expertise and guidance to manage immigration needs effectively. 

you are planning to hire skilled workers from abroad or seeking to invest. A partnership with a knowledgeable attorney can significantly enhance your likelihood of success. Start your journey today, and harness the potential of global talent to elevate your business endeavors in both nations.

FAQs

1. How Can an Attorney Help Maintain Compliance with Immigration Laws?

Attorneys provide valuable advice on maintaining compliance, such as monitoring visa expiration dates. Advising on re-entry requirements, and ensuring all employment practices align with immigration laws. This helps prevent costly fines and penalties for both employers and employees.

2. Can an Attorney Assist with Permanent Residency Through Business Immigration?

An attorney can help you pursue permanent residency employment-based immigration options, such as EB-1, EB-2, and EB-3 visas. They guide applicants through the process, including labor certification (PERM) and employer sponsorship, ensuring compliance and maximizing chances of success.

3. Are There Options for Self-Sponsorship in Business Immigration? 

Some employment-based visas, such as the EB-1A for individuals with extraordinary abilities. The EB-2 NIW (National Interest Waiver), allow self-sponsorship. An attorney can help determine your eligibility and build a strong case for approval.