Business Immigration

You are here


Business immigration generally falls into two areas: temporary work visas and permanent ones. Employers and foreign workers have special rights and responsibilities and failing to observe the rules can lead to serious trouble.

Employment-based immigration is a complex area with many opportunities and a few traps for the unwary. Like other legal codes, buried within it are different ways of accomplishing the same thing. Many companies seeking to employ a foreign worker in the United States have several considerations and at least a few ways to accomplish their goals.

There are two basic sorts of business immigration: temporary and permanent.  Temporary employment-based immigration is for work that may last years, but where the employer and the worker do not intend for the worker to seek US permanent residence or remain permanently in the United States.  That said, some temporary (or "nonimmigrant") work status like E-2 supports a foreign national working legally in the United States for well over ten years.

Permanent employment-based immigration is where an employer and seeks to secure an employee (or potential employee) US permanent residence based on the proposed employment.  Permanent employment-based immigration sometimes requires a test of the US labor market called a "labor certification" to learn whether qualified US workers who would like the job are available for it.  Other avenues to gaining employment-based US residence do not require a labor certification.

Employers engaging in temporary and permanent employment-based immigration must engage in many compliance activities and retain certain records.  Failure to do so can lead to monumental fines and penalties including potential criminal liability.

The menu at right lists various employment-based immigration issues including temporary and permanent options, compliance issues, special concerns relating to layoffs and downsizing and more.  Within each major topic are subtopics that will become visible in the menu when you reach the main topic page.

For the latest business immigration news on our site, click here, or hover over the "news" menu link next to the search bar above.

Related Subjects: 

Call us at 408.797.0000

Call us at 408.797.0000

Call us for a consultation at 408.797.0000. We offer expert services and proven experience with complex issues that others can overlook.

Save this page


Who's Online

There are currently 0 users and 42 guests online.

visit us at:

  95 South Market St., Suite 363
    San José, CA 95113
 (408) 797-0000

  200 Washington St., Suite 208
    Santa Cruz, CA 95060
 (831) 245-0000

The Olender Pro Bono Project

We represent some clients who have compelling cases and little money at no charge. Sean received the Benito Juarez human rights award in 2008 and the ALRP Volunteer Award in 2012 for taking more than 10 pro bono cases in 12 months. We need volunteers. E-mail Debbie to volunteer.


Change Your Address at DHS!

If you are not a US citizen, you must change your address with DHS within 10 days of moving or face deportation. Click Here.