Business Immigration

Make Your Move.

Running your business in the U.S. is a major opportunity—but you need the right personnel. If you need to relocate yourself or key employees to establish or grow your U.S. operations, choosing the right lawyer is critical.

At Shiang Law Firm, we help business owners secure the proper immigration status to ensure smooth business operations.

Temporary Worker Visas Categories:

L-1 – Intracompany Transfers

The L-1 visa allows companies to transfer executives, managers, or key employees from their foreign offices to a U.S. office. It is ideal for business owners and executives looking to expand their company into the U.S. or move specialized employees to oversee operations.

✔ For business owners, executives, managers, and key employees.
✔ Requires a U.S. employer sponsor.
✔ Does not requires labor certification.
✔ Allows you to establish a U.S. office if one does not already exist.
✔ Can be a stepping stone to a Green Card.

H-1B – Specialty Occupations

If your U.S. company needs to hire foreign professionals, the H-1B visa allows you to sponsor highly skilled workers in specialized fields such as IT, engineering, finance, and marketing.

✔ For professional employees in a specialty occupation.
✔ Requires a U.S. employer sponsor.
✔ Requires a labor condition application.
✔ Employee must hold a relevant bachelor’s degree or higher.
✔ Subject to an annual lottery system due to high demand.

E-2 – Treaty Investors

If you plan to start or invest in a business in the U.S., the E-2 visa allows you to live and work in the U.S. while managing your investment.

✔ For nationals of countries with which the U.S. maintains a treaty of commerce and navigation (including Taiwan and select others).
✔ Requires a “substantial investment” in a bona fide U.S. business.
✔ Requires at least 50% ownership of the U.S. business or having operational control of the U.S. business.
✔ Renewable indefinitely if the business remains active.

Permanent Worker Visa Categories:

EB-1 – Persons of Extraordinary Ability, Outstanding Scholars, and Multinational Managers or Executives

The EB-1 category applies to: (a) people of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, (b) outstanding professors and researchers, or (c) certain multinational managers or executives.

✔ For the most accomplished individuals in their respective field of achievement.
✔ Requires a U.S. employer sponsor unless you qualify as a person of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
✔ Does not require labor certification.
✔ Can be a pathway to lawful permanent residence (Green Card).

EB-2 – Advanced Degree Professionals and People with Exceptional Ability

The EB-2 category applies to: (a) advanced degree professionals, (b) people with progressive post-baccalaureate experience in a specialty field, or (c) people with exceptional ability in the sciences, arts, or business.

✔ For exceptional professionals and other accomplished people in the sciences, arts, or business.
✔ Requires a U.S. employer sponsor unless you qualify for a Schedule A designation or you qualify for the National Interest Waiver (see next section).
✔ Requires labor certification unless your job qualifies for a Schedule A designation or you qualify for the National Interest Waiver.
✔ Can be a pathway to lawful permanent residence (Green Card).

EB-2 NIW – National Interest Waiver

For those who qualify for EB-2, you may also qualify for the National Interest Waiver, which waives the labor certification requirement. To qualify for the NIW, (a) your employment endeavor must have substantial merit and national importance, (b) you must be well-positioned to advance your endeavor, and (c) it would be beneficial to the US to waive labor certification requirements.

✔ For professionals whose work endeavors have broader implications, such as for a field, a region, or the public at large.
✔ Does not require a U.S. employer sponsor. You may self-petition.
✔ Does not require labor certification if you qualify.
✔ Can be a pathway to lawful permanent residence (Green Card).

EB-3 – Skilled Workers, Professionals, Other Workers

The EB-3 category applies to: (a) skilled workers whose job requires at least 2 years of training or experience, (b) professionals who hold at least a US bachelor’s degree or foreign equivalent and whose job requires a minimum of a bachelor’s degree; (c) other workers whose job requires less than 2 years of training or experience, and is not of a temporary or seasonal nature.

✔ For the rest of us!
✔ Requires a U.S. employer sponsor.
✔ Requires labor certification unless your job qualifies for a Schedule A designation.
✔ Can be a pathway to lawful permanent residence (Green Card).

Immigration law is a complex field and there is a lot to think about. Don’t worry if you have questions as we are here to help.