Business Immigration

Immigrants Benefit Business

Milstein Law Group provides thoughtful and creative solutions for all areas of immigration law.  With decades of experience, we have provided immigration solutions to hundreds of US companies looking to employ foreign nationals.

The MLG team is ardent and energetic, with the creative prowess to handle a variety of employment-based and investor-based cases.  Our hand’s on approach provides our corporate clients with constant and up-to-date information regarding the status of their employees immigration matters.  Using state of the art technology, our corporate clients have access to an online portal where they can also access information regarding current employees and upcoming deadlines.

We also provide compliance review services to ensure all records required to be maintained onsite are accurate and up-to-date.

Temporary Work Visas

    • This temporary work visa allows a foreign national, who holds a minimum of a bachelor’s degree, to work for a US employer for a total of 6 years.  
    • Due to the limited number of H-1B visas (there is an annual quota of 65,000 H-1Bs and an additional 20,000 for those who have a US Master’s Degree), there is an annual lottery that takes place in March of each year.  The results are announced by April 1.
    • This visa requires company sponsorship.

  • L-1 visas are available to company transferees. Employees must have worked abroad for at least one year out of the three previous years with a related foreign entity. For L-1A petitions, beneficiaries must demonstrate that they were employed in a managerial or executive capacity and will be working in a similar role in the United States. For L-1B petitions, beneficiaries must demonstrate that they worked for the related entity abroad utilizing specialized knowledge and will continue utilizing this specialized knowledge in the U.S.

  • Please see our extraordinary ability section for more information.

    • This temporary work visa allows foreign nationals to work in the US so long as there is a treaty in place between the US and the employee’s country of citizenship.  See https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html 
    • The US company must share the same nationality as the foreign national – meaning that the US company must be owned at least 50% by a company or nationals who share the same citizenship as the employee.
    • This is an excellent option for those who hold executive or managerial positions.
    • This visa is also available to those who are deemed essential workers.
    • This visa is available to Canadian and Mexican nationals.
    • The visa is limited to specific professions listed here:  https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm
    • One of the benefits of the TN visa is that you can bypass filing with the USCIS and can apply at the port-of-entry (only for Canadians) or at a US Consulate in Mexico for the visa.  Prior USCIS approval is not required.

  • The J-1 visa is a cultural exchange program allowing participants to work or study in the U.S. There are a wide variety of J-1 programs ranging from Au Pairs to Physicians to Camp Counselors to Scholars and Professors; however, the most popular are the visas based in the intern and trainee programs which can be utilized for many occupations. These two most popular visa programs have a maximum duration of 12-18 months, respectively. Some J-1 visa holders from certain countries may be subject to a two-year home residency requirement upon completion of the J-1 program.

  • The P-1 a 1-year work visa for internationally recognized athletes (P-1A), who may compete in individual or team events, or members of an internationally recognized entertainment group (P-1B). The P-1 visas may be extended indefinitely in 1-year increments.

  • This is a 1-year work visa (that can be renewed indefinitely) for artists and entertainers coming to perform, teach or coach in culturally unique programs. The P-3 may be extended indefinitely in 1-year increments.

  • Please see our extraordinary ability section for more information.

Green Cards/Lawful Permanent Residence

  • The EB-1 is a self-petitioned permanent resident green card based on extraordinary ability in the arts, sciences, athletics, business or education.

    Some of the basic requirements include:

    • Evidence of extraordinary ability including press coverage, awards, festival selections, playbills, authorship of published articles, significantly high salaries, judging the work of others in your field, membership in organizations requiring achievements, and any other evidence that helps to demonstrate achievement in the field
    • Letters of recommendation from highly accomplished individuals in the field
    • Personal statement demonstrating intent to continue work in the field of extraordinary ability upon visa approval.

  • This is an employer sponsored permanent resident visa for outstanding professors or researchers in scientific or scholarly fields.  A permanent offer of employment is required.

  • This is an employer sponsored permanent resident visa for multinational managers and executives. A permanent offer of employment with a qualifying organization is required.

  • This is a self-petitioned permanent resident visa available to those who have an advanced degree or “exceptional ability” and can demonstrate that their work is in the national interest. National interest can be demonstrated in several ways, and was recently expanded to include a lower threshold for those with STEM PhDs.

  • This is the most common employer sponsored path to permanent residence. This case requires that the employer test the labor market to determine that there are no US workers who are available and qualified for the advertised position.