• Nonimmigrant visas are available for temporary workers to work in the U.S. in a particular capacity, for a specific employer. Mandell Law Offices assists employers in pursuing the following types of nonimmigrant visas/status for their global workforce:
  

• H-1B Specialty Occupation Professional- For foreign nationals who will serve in a professional position which requires attainment of at least a Bachelor’s Degree in a particular field, or its equivalent. Dependent family members (spouse and children) may receive H-4 status, but work authorization is not available.

 

• L-1A/L-1B transferees: For foreign nationals who have had at least one year of full time employment within the last three years outside the U.S. with a parent, affiliate, parent, or subsidiary of a U.S. company. The worker must be coming to work as a manager/executive (to secure L-1A status), or to work in a position which requires specialized knowledge of the company’s processes, methods, operations and/or procedures (to secure L-1B status). Dependent family members can secure L-2 status and spouses can secure work authorization.

 

• NAFTA TN workers: For Canadian or Mexican citizens who come to the US to work within a specific set of occupations outlined in the North American Free Trade Treaty. This includes Accountants, Engineers, Management Consultants and Scientists, among others. With very limited exceptions, these positions require the applicant to possess a Bachelor’s degree or higher. Dependent family members are entitled to TD status, but spouses are not able to obtain work permission.

 

• E-1/E-2 Treaty/Trader visas: For foreign nationals from countries with which the U.S. has an appropriate treaty of commerce and navigation, and who are coming to the U.S. to carry on substantial trade, principally between the U.S. and his/her own country (E-1), or, to develop and direct the operations of an enterprise in which a substantial amount of capital has been invested or is actively in the process of being invested (E-2).

 

• E-3 for Australian Professionals: For nationals of Australia that meet the qualifications outlined for H-1B status. The total number is limited, but unlike the H-1B cap, this cap has never been reached. The E-3 can be applied for directly at a US Consulate or done via application in the US. Spouses are not required to be Australian, and are entitled to apply for work permission in the US.

 

• O-1 Aliens of Extraordinary Ability: : For foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor Family members are entitled to O-3 status, but spouses are not able to obtain work permission.

 

• J-1: For exchange visitors coming to the U.S. to participate in an exchange program approved by the Department of State, in a wide range of positions ranging from trainees/interns to au pair and research scholar.

• Mandell Law Offices assists clients in assessing the optimal nonimmigrant visas, whether they are coming from outside the U.S. for the first time to work in the U.S., or are here in F-1, B-1 or another status and are seeking to change status to an employment based nonimmigrant visa.

• Mandell Law Offices assists clients in pursuing permanent residence via the various employment based immigration channels, the most common which are described below:

• PERM Labor Certification- Labor Certification under “PERM” is the most common employment based green card process. Through PERM, the employer must test the U.S. labor market and establish that there are no U.S. workers who are qualified, willing and available to serve in the position in which they want the foreign national to work.

 

• Multinational Manager Petitions-Foreign nationals who have served in an executive/managerial role with a parent, subsidiary, affiliate, or branch office of a U.S. entity for one year within the three years prior to transfer to the U.S., and who will serve in an executive/managerial position in the U.S., may avoid labor certification and pursue a green card through the faster-track multinational manager petition.

 

• Extraordinary Ability Petitions. Individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, who whose achievements must be recognized in your field through extensive documentation may also petition for a green card without the test of the U.S. labor market required by PERM.

 

• There are several additional employment based immigration applications a company and foreign national may pursue. We will assist clients in evaluating these options to achieve the most efficient and effective path to permanent residence.