Immigration USA

With over twenty five years of experience in Paris, we are a full service immigration law firm helping foreign aliens in their immigration needs. Our dedicated Attorneys are specialized in U.S. non immigrant and immigrant visas. We assist people who wish to visit, work, invest or live permanently in the United States.

Our law office provides employers and employees with the latest and most appropriate immigration strategies.

The U.S. immigration law is complex and constantly changing. It is declined into two ways:

-       Immigrant visas (permanent status).

-       Non immigrant visas (temporary status).

Our objective is to identify the most suitable solution for each client.

We are a highly skilled immigration law firm that has been helping businesses and individuals immigrate to the United States.

 

NON IMMIGRANT / TEMPORARY VISAS

There are different non immigrant visas that can be granted in accordance to the individual’s objective. We have extensive experience in the areas of U.S. non immigrant visas, such as working visas (highly-skilled professional employees, trainees, intra-companies transferees or investors), but also visas for tourism, business, among others…

  • 1.     Temporary working visas

There are several U.S. working visas:

-       Treaty investor visa (E-2) or treaty trader visa (E-1).

-       Professional worker visa (H-1B).

-       Training visa (H-3 ou J-1).

-       Intra-company transferee visa (L-1).

-       Individual with extraordinary abilities (O-1).

-       Athlete visa (P-1).

 

  1. a.     The E classification

The E visa is only available for nationals of countries with which the United States signed a treaty of commerce.

Citizens of France can apply for an E visa because there is a treaty of commerce signed between France and the United-States in 1960.

There are two types of Treaty visas:

 

-       Treaty Trader visa (E-1): an alien can apply for a Treaty Trader visa if the treaty company is engaged in substantial trade, including trade in services or technology, principally between the United States and the treaty country.

Main requirements:

-       The applicant must be a national of a treaty country.

-       The national of a treaty country must hold at least 50% of the shares of the U.S. Company.

-       More than 50 percent of the international trade involved must be between the United States and the treaty country.

-       The business activity shall be substantial, active and marginal.

 

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the E-1 dependent visa. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by the U.S. Citizenship and immigration Services (USCIS).

 

-       Treaty Investor (E-2):

An alien can apply for a Treaty Investor visa if the investor wishes to direct a U.S. Company.

Main requirements:

-       The applicant must be a national of a treaty country.

-       The investor must hold at least 50% of the shares of the U.S. Company.

-       The investment shall be substantial, marginal and active. USCIS will determine if the business is economically viable based on the nature of the business and the capital invested, namely thanks to the provided business plan.

 

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the E-2 dependent visa. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by the U.S. Citizenship and immigration Services (USCIS).

-       Essential employee of a treaty investor (E-2 Employee):

A national of the same country as the Treaty Investor can apply for an Essential Employee of a Treaty Investor visa. The employee shall be highly skilled in his area of competence.

The skilled employee shall possess essential knowledge and competences for the good running of the U.S. Company. He shall perform specific duties that an American employee would not be able to do.

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the E-2 dependent visa. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by the U.S. Citizenship and immigration Services (USCIS).

  1. b.    The H classification

The H category counts several types of visas for specialized workers, trainees, and internationally-recognized fashion models.

-       Specialized worker (H-1B):

The nonimmigrant visa H-1B is granted to foreign employees who wish to work for a U.S. employer in specialty occupations in the fields of architecture, engineering, mathematics, science, and medicine which require at least a Bachelor’s degree (or its equivalent in work experiences).

Main requirement:

The alien shall possess at least a Bachelor’s degree in the fields of architecture, engineering, mathematics, science, and medicine.

This visa is subject to quota. Only 65,000 visas are issued every year. Holders of an H-1B visa can stay and work in the United States for up to six years. Even though the H-1B visa is a non-immigrant visa,

The H-1B visa is also granted to internationally-recognized fashion models. They do not need to hold a Bachelor’s diploma; however, they must have distinguished merit or ability.

The H-1B visa is recognized as dual intent, meaning the H-1B visa holder can apply for an immigrant visa / green card while in the United States on an H-1B status.

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the H-4 visa status. Dependent spouse is not allowed to work or study in the United States.

-       Visa for professional trainees (H-3) :

The H-3 visa is granted to individuals who come to the United States to perform training in any field of endeavor that is not available in the foreign national’s home country.

This visa is granted for twenty-four months maximum.

Accompanying dependents (spouse and unmarried children of less than 21 years of age) will receive the H-4 visa status. Dependent spouse is not allowed to work or study.

 

  1. c.     The L classification

The L classification is declined into two nonimmigrant visas and permits international companies to temporarily transfer qualified employees to the United States for the purpose of improving management effectiveness, expanding U.S. exports, and enhancing competitiveness in markets abroad.

 

-       Visa for intra-company transferee Manager or Executive (L-1A) :

 

The intra-company nonimmigrant L-1A visa enables a U.S. employer to transfer an executive or manager from its affiliated foreign office to its company in the United States.

To qualify for this visa, it is necessary to have a qualifying relationship between a foreign company and the U.S. business (parent company, branch, subsidiary).

Contrary to the treaty trader visa, while the business must be viable, there is no requirement that the U.S. Company be engaged in international trade.

The L-1A visa is granted for one year when the transferring manager establishes a startup and for three years when the U.S. Company has been in operation for over one year.

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the L-2 visa status. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by U.S. Citizenship and immigration Services.

-       Visa intra-company transferee specialized knowledge (L-1B) :

 

The L-1B visa is allotted to intra-company professional employees who are transferred to the U.S. affiliate company because they possess specialized knowledge relating to the organization’s interests.

 

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the L-2 visa status. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by U.S. Citizenship and immigration Services.

 

Even though the L-1 visa is a non-immigrant visa, it is recognized as dual intent, meaning the L-1 visa holder can apply for an immigrant visa / green card while in the United States on an L-1 status

 

  1. d.    The O classification

 

-       Visa for employees with extraordinary abilities (O-1):

O-1 visas are allotted to an “elite” category, to people who are the very top in their field of endeavor (arts, sciences, education, business and sport).

Foreign individuals shall possess “a level of expertise and recognition that shows a high level of achievement, or that the person is one of few who have risen to the very top of the field of endeavor.”

Main requirements:

This application is complex. It is a requirement to prove alien’s extraordinary abilities. Several pertinent letters of recommendation from recognized experts in the field, awards/prizes are needed.

Accompanying dependents (spouse and unmarried children of less than 21 years) will receive the O-3 visa status. Dependent spouse is not allowed to work or study in the United States.

  1. e.    Training visa: temporary exchange visa (J-1):

The exchange visitor program (J-1 visa) is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences, designated by the U.S. Department of State.

Accompanying dependents (spouse and unmarried children of less than 21 years of age) will receive the J-2 visa status. Dependent spouse is allowed to work for any U.S. employer, part time or full time, once Employment Authorization is filed and approved by U.S. Citizenship and immigration Services.

  1. f.      Internationally-recognized Athletes (P-1):

A foreign individual can apply for the P-1 visa if he is coming to the U.S. to perform at a specific athletic competition as an athlete, individually or as part of a team, at an internationally-recognized level of performance.

Accompanying dependents (spouse and unmarried children of less than 21 years of age) will receive the P-4 visa status. Dependent spouse is not allowed to work or study.

  1. 2.     Temporary visitor visas:

 

-       Visa for business visitors:

A business visitor (B-1 visa) is allowed to travel to the United States for six months maximum per year for business purposes, namely:

  • Conduct a market research.
  • Conduct negotiations.
  • Solicit sales or investment.
  • Discuss planned investment or purchases.
  • Make investment.
  • Attend meetings and participate in trade fairs and conferences.
  • Interview and hire staff.

Accompanying dependents (spouse and unmarried children of less than 21 years of age) will receive the B-2 visa status. Dependent spouse is not allowed to work or study.

-       Visa for visitors:

Citizens of the following countries are authorized to travel to the United States for tourism stays of 90 days or less without obtaining a visa at the U.S Embassy.

Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

However, if you need to travel to the United States for a larger stay (i.e. six months maximum), you are required to apply for a tourist visa (B-2) at the U.S. Embassy.

 

IMMIGRANT VISAS / GREEN CARD

To apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative, a U.S. lawful permanent resident, or a prospective U.S. employer.

Green card through marriage and family:

A U.S. citizen can file an immigrant visa petition for:

  • Spouse
  • Son or daughter
  • Parent
  • Brother or sister

A U.S. lawful permanent resident (a green-card holder) can file an immigrant visa petition for:

  • Spouse
  • Unmarried son or daughter

Each Green Card category has specific steps and procedures to follow. You can apply while in the United States (“adjustment of status”) or while outside the United States (“consular processing”). The processing time for getting a green card after marrying a U.S. spouse is the shortest. It takes between to 8 to 12 months. On the contrary, obtaining a green card through family is a very long process.

If you intend to marry a U.S. Citizen, our law office can also help you in your fiancé visa application.

Green card through employment:

A foreign individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States.

Most categories require the U.S. employer to file labor certification with the Department of Labor and then Form I-140, Immigrant Petition for Alien Worker.

There are five categories:

-       EB-1 Priority worker (persons of extraordinary ability in arts, sciences, business, education and athletics). Foreign individuals who fall in this category belong to a distinguished elite of expert professionals. The processing time for getting a green card as an EB-1 Priority Worker is the shortest.

-       EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability (persons with exceptional ability in arts, sciences and business but also advanced degree professionals and qualified physicians).

-       EB-3 Skilled and Professional Workers and Unskilled Employees (professional and non professional employees).

-       EB-3 Special Immigrants (religious workers, physicians and employees of international organisms).

-       EB-5 Investors: foreign individuals who are able to invest $1,000,000 and intend to create at least new 10 employees or $500,000 with the willing to create at least 5 new jobs in the United States.

 

NATURALIZATION / U.S. CITIZENSHIP

Our experienced Attorneys can help you in your naturalization process in order to become a U.S. Citizen.

A French Lawyer and his international and bilingual team will assist you. Our bilingual French law specialists will be in a position to answer your questions in a quick and responsive way.

We are present in France, the United Kingdom and the USA. Please feel free to contact a French Solicitor at either of the phone numbers below or by email.

Our offices are located in France (Paris), the United States (New York, Los Angeles, Miami), and the United Kingdom (London). A French lawyer will answer you at any of these locations.

Pierre Hourcade, French Lawyer and Attorney, Avocat International

Pierre Hourcade is an international lawyer specialist in the domain of immigration usa france.

Pierre Hourcade, French Lawyer and French Avocat in Paris, Los Angeles, New York and Miami

Contact an Avocat International and French Lawyer

PARIS
114 avenue de Wagram – 75017 Paris France – +33 1 46 27 01 00

LOS ANGELES
11693 San Vicente Blvd Suite 218 Los Angeles, CA 90049 USA – (310) 289-1470

NEW YORK
511 Ave. of the Americas Ste. 518 New-York, NY 10111 USA – (212) 359-1670

MIAMI
200 S Biscayne Blvd Ste. 5980 Miami, FL 33131 USA – (305) 909-6841

Email : contact@frenchattorney.com