Employment and investment visas
Each work and investment category has its own qualifications and rules, and picking the wrong one costs months.
For employers, professionals, and investors, the right visa depends on the job or the investment, the person's nationality, and the timeline. Our immigration lawyers in Franklin, just south of Nashville, handle H-1B, R-1, E-2, E-3, and TN cases, PERM labor certification and employment green cards, and EB-5 investor green cards, for Tennessee companies and for employers, workers, and investors across the country.
H-1B specialty occupations
For jobs that usually require a bachelor's degree. Most new H-1B workers are selected through the annual registration lottery unless the employer is cap-exempt. We handle the labor condition application, the petition, transfers, and extensions.
R-1 religious workers
For ministers and workers in religious occupations coming to work for a qualifying nonprofit religious organization in the United States.
E-2 and E-3
E-2 treaty investors for nationals of treaty countries who invest in and direct a U.S. business. The E-3 is a professional visa for Australian citizens, with its own annual allotment and no lottery.
TN professionals
For Canadian and Mexican citizens working in listed professions under the USMCA. Canadians can usually apply at the port of entry.
PERM and employment green cards
Labor certification through the Department of Labor, then the EB-2 or EB-3 petition and the green card. We advise employers on compliance from the first recruitment step.
EB-5 investor green cards
Permanent residence for investors who put the required capital into a new U.S. business, directly or through a regional center, and create at least 10 full-time jobs for U.S. workers.
How a case works with us
- StrategyWe compare the categories that fit the job, the investment, and the person, and flag timing issues early, such as the H-1B registration calendar or a status that is about to expire.
- Employer stepsWhere the category requires it, we prepare the labor condition application or labor certification, and gather the company, job, and qualification evidence.
- Petition or applicationWe file with USCIS, or prepare the application for a U.S. consulate. Canadian TN professionals can usually apply at the port of entry.
- Staying in statusExtensions, amendments when the job changes, and the path to a green card when the employer wants to keep the worker long term.
Common questions
Does every H-1B go through the lottery?
New H-1B workers for most employers are selected through an annual registration lottery. Universities and certain affiliated nonprofit and government research organizations are cap-exempt, and extensions or transfers of an existing H-1B generally do not go through the lottery again.
How does the EB-5 investor green card work?
An investor puts the required amount of capital into a new U.S. business, directly or through a USCIS-designated regional center, and the investment must create at least 10 full-time jobs for U.S. workers. The required amount is lower in targeted employment areas. The investor, spouse, and unmarried children under 21 first receive conditional green cards.
Is there a work visa just for Australians?
Yes. The E-3 is for Australian citizens coming to work in a specialty occupation, usually one that requires a bachelor's degree. It has its own annual allotment and no lottery. Our founding attorney is originally from Australia and knows this route well.
Can a work visa lead to a green card?
Many can. The usual routes are employer sponsorship through labor certification (PERM) and an EB-2 or EB-3 petition, the EB-2 National Interest Waiver, or EB-1 for people at the top of their field. L-1A managers and executives may qualify for EB-1C.
General information, not legal advice for your case. Every situation is different; a consultation confirms what applies to you.
Forms and categories we handle here
Your attorneyMichael SmallboneLicensed in Tennessee. Adjunct Professor of Immigration Law, Nashville School of LawReady to talk to an attorney?
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