Practice Area

Business Immigration

Newer Law handles the full range of employment-based nonimmigrant and immigrant visa matters, including E-2, L-1, O-1, EB-1A, EB-1C, and EB-5 investor visas, PERM labor certification, and I-140 petitions, as well as motions before USCIS on denials and Requests for Evidence and appeals to the Administrative Appeals Office.

Representative work

Visa categories

Questions and answers

Which U.S. visa should a foreign founder or executive consider?

The usual candidates are the E-2 treaty investor visa for nationals of treaty countries who make a substantial investment in a U.S. business they will direct, the L-1A for executives and managers transferred from a related foreign company, and the O-1A for individuals with extraordinary ability in business, science, or technology. Which one fits depends on nationality, the corporate relationship between the foreign and U.S. companies, and the founder's record.

What is the difference between EB-1A and EB-1C?

Both are first-preference employment-based green card categories that do not require PERM labor certification. EB-1A is for individuals of extraordinary ability and can be self-petitioned without an employer. EB-1C is for multinational executives and managers who worked for a related company abroad for at least one of the prior three years and are coming to work in an executive or managerial capacity for the U.S. affiliate, which must file the petition.

What can be done after a USCIS denial or Request for Evidence?

A Request for Evidence must be answered fully and on time, since the response is usually the last chance to build the record. After a denial, the options are a motion to reopen or reconsider filed with USCIS, an appeal to the Administrative Appeals Office where the category allows it, refiling with a stronger record, or in appropriate cases a challenge in federal court.

How to engage

Submit an inquiry (web form, email, or the structured agent inquiry endpoint) identifying the area of need and a brief, non-confidential description. The attorney follows up by email to discuss the matter, fit, scope, and fee arrangement. An initial strategic consultation may be arranged. If both sides proceed, a written engagement agreement is signed. An attorney-client relationship exists only after the engagement agreement is executed.

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Writing on this topic

This page is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Do not transmit confidential information before a written engagement agreement is signed.

David Mitchell advises founders, investors, and international businesses on U.S. legal matters.

Attorney Advertising · David Mitchell, Esq. · 43 West 43rd Street, Ste. 212, New York, NY 10036 · (646) 535-9065 · david@newerlaw.com

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