Boasting a strong reputation for economic prosperity, a diverse population and varied geography, the United States of America continues to offer abundant opportunities for businesses, entrepreneurs, and adventure seekers.
However, expanding your business abroad, rotating employees to the US, or moving across the Atlantic to start a new life requires knowledge of the increasingly complex US immigration system.
Burness Paull provides qualified US immigration advice for businesses and individuals, led by our Head of US Immigration Olivia McLaren.
This expertise is regularly called upon by clients in an advisory capacity – we are widely recognised as the market leader in developing and implementing innovative governance models for the delivery of public services.
US immigration advice for businesses
For businesses looking to access the US market whether through business expansion or relocation overseas, we can assist companies in developing forward-thinking immigration strategies and facilitating the transfer of employees to the United States. Some of the areas we can advise you on include:
US investment
We can support companies in registering with the US Embassy to send managerial employees and employees with essential skills to the United States to work in a related entity, as well as assisting entrepreneurs in obtaining a visa to direct an investment in the United States..
International trade
We can support companies in trade with the United States where it involves the movement of personnel.
Employee rotations
If your company has a need to train employees in the United States or transfer employees to a US entity, we can help you to develop a long- and short-term strategy for continuity in the movement of employees.
Compliance
The United States requires employers to follow complex procedures to confirm the eligibility of employees to work. Companies are subject to audits by the Department of Labor and Immigration & Customs Enforcement, to ensure that they are complying with I-9 completion and record-keeping rules. We can provide training and advice to assist in setting up proper workflows to ensure compliance with these laws.
Business expansion and investment into the US
A foreign business may establish a US entity and send workers at the managerial/executive level or those who have advanced or specialised knowledge to the United States to work at that entity. We can review the business expansion plan in the context of US immigration issues and support the visa applications for the transferring employees.
Support for HR
US people resources professionals (HR) often possess a general understanding of US immigration options and procedures, and at least enough to prepare certain types of visa applications. But what happens when one of your employees previously has been turned down for a visa? Or when he/she has an old conviction? We have the legal expertise to support HR with US immigration advice.
Self-employment
Depending on the type of work you do and the recognition you have received for it, we may be able to assist you in applying for recognition as a person of extraordinary ability. If you meet the criteria for extraordinary ability, you may qualify for a non-immigrant (temporary) visa or a green card.
There are a variety of visa categories that do not require extraordinary ability, and we will work together to explore each and every one to find the best fit.
US immigration advice for individuals
If you’re considering a temporary or permanent relocation to the United States, you should understand your options and responsibilities under US immigration and nationality laws.
We can guide you through the whole process of applying for a visa and entering the United States. With our US immigration service we can help you prepare the correct materials and follow proper procedures for a smooth experience.
Temporary relocation (i.e. “Non-immigrant” Admission)
Most non-immigrant classifications require an employer sponsor, and the type of visa depends on the nature of the employment and your qualifications. For example, if you are a professional athlete, you may be eligible for a P (professional athlete) or an O (extraordinary ability) visa if you have a US offer of employment. Perhaps you are a software engineer and your employer wants to send you to the United States to work as a consultant for another company. There are many options and we can help you identify which is the most suitable for your needs and circumstances.
US citizenship
Citizenship and nationality (two different concepts with overlaps) are governed by a complex web of domestic and international laws. For example the United States allows for dual citizenship, while many countries, such as the Netherlands and Germany, make it difficult or impossible to retain citizenship upon the acquisition of U.S. citizenship. If you are considering obtaining or claiming US citizenship, we can help advise you on the process and your eligibility.
Travel for business or pleasure
If you are a national of a Visa Waiver country wishing to spend more than 90 days in the United States, or a national of a country requiring a visa for all trips to the United States, we can help you to obtain the appropriate visa. Perhaps you are considering a gap year in the United States? Or you are traveling to the United States for your job, and you aren’t one hundred percent sure if your activities are permissible as a tourist? We can review your itinerary and advise on your options.
Permanent relocation (i.e., “Immigrant” Admission)
There are several routes to lawful permanent residency in the United States, also known as a green card. Most require either a family member sponsor or an employer sponsor. There are exceptions, such as the Diversity Visa Lottery (conducted annually to encourage diversity in the nationality of individuals immigrating to the United States). We can provide you with an assessment of options or assist with a process that is already underway.
Resolving admissibility issues
A criminal, medical or immigration history issue may affect your personal eligibility to enter the United States. We can provide advice on visa denials, security clearances and waiver applications.
Tax considerations
Once you meet certain criteria (i.e., related to time and status in the United States), your worldwide income may become subject to US taxation. There are also penalties for expatriating in many circumstances, which may include a tax on your worldwide assets. Accordingly, before making any decisions, you should do your due diligence to assess your potential tax liabilities, and we can help connect you with the relevant expertise to guide you on your options.
We can support all types of non-immigrant visa applications, including but not limited to B-1, B-2, C/D, E-1, E-2, E-3, F-1, H-1B, H-1B1, I, J-1, K-1, K-3, L-1, M-1, O-1, O-2, P-1, P-3, Q, and R-1. We can also support applications for permanent residence through employment sponsorship (e.g., PERM labor certification, EB-1 immigrant petitions, EB-2 National Interest Waivers) and family sponsorship, as well as benefit applications such as those for re-entry permits and employment authorization. In addition, we assist with obtaining certificates of citizenship (e.g., derivative and direct, through N-400, N-600, and N-600K) and US passports (where establishing US citizenship is a predicate).
Related News, Insights & Events
Navigating international divorce
When a relationship breaks down, deciding where to get a divorce can be a big decision.
Top tips from a U.S. immigration lawyer: preparing your US business for the Trump Administration
If you are preparing to expand your business into the United States, what do changes to the U.S. immigration system mean for you?
Why hoteliers should consider a UK sponsor licence
A UK sponsor licence can offer hotel owners a range of valuable benefits.