Immigration and global mobility are key to the success of companies operating internationally. As events and shifting governmental priorities in the United States and around the world impact U.S. immigration rules and requirements, it is important to:

  • Understand the law and government policies and practices that can impact you, your business or your family
  • Know the consequences of noncompliance
  • Recognize your options for remaining mobile across borders
  • Take an insightful and strategic approach to global mobility that supports your business or personal goals

The immigration practice team at Lippes Mathias is made up of seasoned, knowledgeable and professional U.S. attorneys who have a deep connection to the immigration matters impacting businesses and individuals in the U.S., Canada, and around the world. We offer comprehensive immigration services and support based on a deep and expansive knowledge of the strategies and solutions that work best to keep you mobile across borders.

For businesses, we offer streamlined and thoughtful support to help you maximize your success—whether that requires travel to the U.S. for a business visit, project work, an expatriate assignment or expansion into a new jurisdiction. We understand that pursuing your goals and dreams often takes you to places you never thought possible, and offer customized support as a true partner. Our immigration practice group will work hand in hand with your global mobility, human resources, legal and other stakeholders to design and implement an immigration strategy that:

  • Assists you with recognizing and taking advantage of opportunities
  • Proactively highlights risks and addresses concerns
  • Transparently communicates what you need to know to plan, action and reach your goals
  • Helps you look past your immediate needs to what’s coming next

For individuals and families
, we take a deeply personal approach to immigration, understanding that the motivations and pathways driving you to visit or move to the U.S. can be life changing. Our attorneys chose to practice in the field of immigration because we deeply value:

  • Helping others to seize and making the most of opportunities
  • Guiding you through complex processes that can improve your life and the lives of your family members
  • Leveraging the strengths of individuals—regardless of nationality—to build stronger and brighter futures

Click here to view our immigration services
  • Government Websites
  • Immigration Tracker
  • Industry Resources
For businesses, we offer streamlined and thoughtful support to help you maximize your success—whether that requires travel to the U.S. for a business visit, project work, an expatriate assignment or expansion into a new jurisdiction. We understand that pursuing your goals and dreams often takes you to places you never thought possible, and offer customized support as a true partner. Our immigration practice group will work hand in hand with your global mobility, human resources, legal and other stakeholders to design and implement an immigration strategy that:
  • Assists you with recognizing and taking advantage of opportunities
  • Proactively highlights risks and addresses concerns
  • Transparently communicates what you need to know to plan, action and
  • reach your goals
  • Helps you look past your immediate needs to what’s coming next

INDIVIDUALS and families
For individuals and families, we take a deeply personal approach to immigration, understanding that the motivations and pathways driving you to visit or move to the U.S. can be life changing. Our attorneys chose to practice in the field of immigration because we deeply value:
  • Helping others to seize and making the most of opportunities
  • Guiding you through complex processes that can improve your life and
  • the lives of your family members
  • Leveraging the strengths of individuals—regardless of nationality—to
  • build stronger and brighter futures

For individual athletes, we support both nonimmigrant and permanent resident processes, related to your sports-related activities with one or more team(s), your extraordinary ability in your sport, or even your marriage to a U.S. citizen. Our assistance can make your transition from the international sports field or U.S. collegiate environment seamless, permitting you to obtain or maintain status for various tryout, training, pre-season, regular season and post-season activities in the United States.

Sports Teams
For Sports Teams, we provide a high-touch and streamlined process for visa applications that fits with your team’s draft schedule, permitting you to bring and retain athletes from around the world to build the best team possible.

Fabulous news to hear right before I sign off from [Company]. And in record time!

Nisha, your tremendous work for us is about to pay off; you’ve paved the way for much IP sharing and relationship building to come between our China and US entities. So grateful!
Global Head of People Services for a Corporate Client

"Ok, if I drank still, you would hear the cork pop! Nisha, this result is a testament to your expertise, and I cannot begin to thank you for navigating us through this process. We knew going in it wasn’t going to be easy, but you fielded our questions and acted as our legal “Sherpa” the entire way. The added effort and time you spent on this wasn’t missed on Marie and I.

You did really good work Nisha, and you ought to be proud of it, I sure am! In a world of “what’s next” seldom do we take time to recognize how our talents impact others. I plan to honor this with referrals
😊 and of course some kind words on LinkedIn. Have an awesome week."
- Professional Speaker

"Working with Nisha on my O1 visa was an incredible experience. It felt very overwhelming at the beginning but she helped organize and make everything seem easy and possible. Her professionalism, expertise, and unwavering dedication made the entire process seamless. She was incredibly helpful, knowledgeable and a joy to work with. Thanks to her, I successfully obtained my visa. I wholeheartedly recommend Nisha for anyone seeking legal expertise; she is a gem!"
- Professional Speaker

“Mr. Wilson, wanted to reach out and say "Hi." About 15 years ago you helped me immigrate from Canada to the US. 15 years later, my wife and I are still married and have 2 boys (7&9) together! Thank you again for your services!”
- Individual Client 

Hi Nisha,
I hope this message finds you in good health and high spirits.
I wanted to take a moment to express my heartfelt gratitude for the exceptional support and guidance you provided throughout the process of obtaining my O-1 visa. Your expertise and dedication played a pivotal role in securing this significant milestone in my career. 
I am truly thrilled to have received approval for my O-1 visa, and I recognize that this accomplishment would not have been possible without your unwavering commitment to my case. From the very beginning, you demonstrated a profound understanding of the intricacies of the visa application process, and your meticulous attention to detail ensured that every aspect of my application was flawless. 
Your constant availability to answer my questions and address my concerns, no matter how big or small, gave me immense confidence and peace of mind during what can be a complex and stressful endeavor. Your timely responses and clear communication made the entire process much more manageable. 
Once again, thank you for your outstanding assistance.
- Employee of Corporate Client 

Hello Andrew and James, 
I hope this email finds you well. I enjoyed working with you when you helped my family apply for our Green Cards a while ago. The experience was exceptional, and I want to express my gratitude for your expert guidance and support.
As our family grows, we now have another immigration matter at hand…Given the positive experience we had with you in the past, we are keen on seeking your legal assistance and expertise for this new endeavor.
…we would be thrilled to collaborate with you once again. Your professionalism, attention to detail, and dedication to your clients' cases have left a lasting impression on us, and we are confident that you are the right person to guide us through this process.
- Employee of Corporate Client

Today I had my Visa interview, everything went well, I will receive my passport with the Visa back next week. Thank you a lot for the great preparation! A consul officer told me, he seldom sees such well-prepared paperwork!

Thank you all for your help!
- Employee of Corporate Client
I'd like to thank all of you for getting us to this point. It’s been a crazy, stress-inducing, expensive ride but Chelsea and I are both grateful for all of your efforts to help us. Through all the ups and downs, one thing was always clear: you’ve been there for us and moving things forward inch by inch.

We’re grateful – thank you, thank you, thank you from the bottom of our hearts!
- Employee of Corporate Client

I want to thank Andrew and your team for getting me the green card. I was one of among the fortunate to have my green card and this was possible because of you and your team. Within a short time we had to get all the documents, have it validated and submitting it to the USICS would be a very hectic task for you but you did accomplish everything before time and most of us in the team were conveniently able to have the green card. 

I appreciate and thank all your efforts and help on this process, thanks again.
- Employee of Corporate Client 

I have been working with Mrs. Elizabeth  Klarin, and her team at Lippes Mathias since early 2017. 
Mrs. Klarin is my immigration attorney. She has been involved with my firm to ensure that our firm and team members have the appropriate work permit in the United States. I worked closely with Elizabeth on many immigration applications including but not limited to E2, TN, EB-1, and L1-A Visas.
During my experience working with Mr.s Klarin, I find her very knowledgeable about immigration laws. She knows the rules by heart. I admit that while working with Elizabeth on many immigration visas, all of them went very smoothly and with no request for any additional documentation. In fact, Elizabeth spends the time examining the case before providing the advice and when she executes the work, the application process goes smooth and fast. Elizabeth is a very responsive, hard-working individual and a self-starter who invariably understands exactly how to help her clients and she is doing it quickly and effectively. She is a resourceful, creative, and solution-oriented person who is frequently able to come up with new and innovative approaches to any immigration challenges. I have tried her approach many times and her approach works every single time.
Elizabeth is committed to helping her client. Working with Elizabeth is enjoyable with such an extremely pleasant personality. She gets the job done right from the first time and she enjoys it. Knowing Elizabeth and with my experience working with her over the past 5 years, I managed to expand my business to the United States. I managed to get the right work permit I needed in a very short period of time. I managed to switch between work permits to meet the challenges and the business needs. The experience she acquired over the years helped my business during the pandemic and allowed me to continue growing my business in the United States. 
As a Canadian doing business in the United States and with the immigration challenges, I strongly recommend contacting Elizabeth. She is competent and will get the job done for certain.
- Ahmed M, Engineer

"I’m beyond grateful to Beth; her compassion has touched my heart! She understood my vulnerability and, like a true pilot, gave a right direction to my case. Words can never express my enormous sense of gratitude for Beth and her entire team. I consider myself extremely fortunate to have Beth as my attorney. Beth, thank you once again for putting countless hours into this; you have given me the most valuable present, a new life and new direction towards my future."
- Supriya V., Peace & Human Rights Author & Activist 

"Nisha is SO easy and enjoyable to work with. She over-delivered on all my expectations and was always on top of email communications. Her expertise, professionalism and previous experience made the process of obtaining a visa simple, fast and, most importantly, successful. Although she cannot guarantee results (no lawyer can), you will have the best probability of success by choosing to work with her. I'm so proud to share that with the help of Nisha, I've obtained my E-1 Visa and can now legally work in the USA. If you have immigration needs, stop looking for a lawyer and hire Nisha."
- Sam D, Youth Keynote Speaker

Nisha and Andrew, Just wanted to thank you both for all of your hard work. I know it was a difficult and unusual process with all of the delays related to COVID. We both appreciate all of the advocacy and hard work that you put into the process. We could not have done it without you and are so thankful for your support! I have attached the final copy of my “official” Green Card.  Thank you again!
- Individual Client

We first met Nisha in November 2016 through a business reference from the company my wife worked for - Nisha had actively helped them in their US immigration needs, so she came with high recommendations already... The engagement began with not just me, but also my CEO and given we were re-establishing our business in the USA we had decided that we would like L1 visas for ourselves and L2 for our families. Having travelled quite a bit in the past and been through many business visa processes for many countries I thought there was a level of comfort, but moving locations with the family was a completely different ball game…..but Nisha had it all worked out 😊 
Her counsel, advice, challenge, eye for detail, commitment and focus is par excellence. For an attorney of her stature to be so personable was a never before in my experience. Her knowledge of the process, her intent to get things ‘right first time’ and her ‘no nonsense’ attitude meant a higher degree of confidence. She helped us pull our paper-work together for ‘premium processing’, made timely submissions, kept us informed about progress and just before our visa interviews in Hyderabad, India made it a point to prepare us adequately. All of this meant we got our L1 & L2 visas and we moved to the US in January 2018. Nisha, so sweetly called in to check if were settling in alright and we continued to stay in touch with her. 
Time flew past quickly … our business continued to grow and Nisha continued to help my organization with other, newer visa and immigration needs – all of them with a top notch experience and for us, what felt like a guaranteed outcome. Later in 2019 my company also decided to apply for my Green card under the EB-1 category based on my L-1A. We got back in touch with Nisha, who was again on top of the need, although this time her eye for detail, advice, counsel and challenge were of a different kind … and again a positive outcome as we began our new journey of becoming Lawful Permanent Residents. Our early Green Card applications were continuing to plan and we were also coming to terms that our L1/ L2 visas will need to be extended soon, but then COVID happened and things start to stall… Nisha prepared our L-1/L-2 extensions – my L-1 was approved relatively quickly, but my family’s L-2 extension would take a while – and so would my wife’s EAD.   This is where we saw some of Nisha’s other personable attributes – she was there to re-assure, remind us to be patient and that everything is in order... and that’s exactly what happened, while our paper-work was in order, submitted on time, COVID just delayed the process and eventually we had both my L-1 and my family’s L-2 status extended for another 2 years – early 2021! 
In the meantime, we continued to wait on my green card application under the EB-1 category that Nisha had prepared. During this time of waiting Nisha and her team always kept their eyes out USCIS news, updates and bulletins. Late in 2020 and to our luck, the retrogress ended and we were now current. The visa bulletins from Nisha helped so we kept our ‘eyes & ears’ open, checked with Nisha who then confirmed that the notification was correct and immediately started the processing our I-485 submissions. This was a very thorough engagement and we did not have much time (14 days in all, I think before the application window closed or was due to change). The process was thorough and lengthy (and it should be that way!), required very detailed documentation, forms, documentation and other forms of submission. Nisha and her team handled this so well for us … they were there to challenge, support, coach, approve and what we really liked was how forthcoming they were about the process. Nisha worked hard to get our files ready and then submitted in the last week of October 2020 – a few days before the retrogress commenced again. We knew our files were in and then the wait began for the receipt which arrived in February 2021 and then began the wait. I must confess there was a lot of anxiety … 
We continued to wait and believe me anxiety changes more positively to patience, when you have someone like Nisha with you in this journey. Between February and August, Nisha continued to stay in touch … and keep us posted on bulletins, routine updates etc. Our EADs and APs finally arrived early September. Immediately after this, Nisha’s foresight came to play when she advised us to complete our medicals. All help in the form of Doctor names, offices, addresses etc. were provided by Nisha’s team and we were able to secure an appointment with a USCIS approved Doctor not far from our house. We completed our medicals on September 15th and the Doctor was very nice and the reports would take a couple of days. 
It was a weekend, the afternoon of September 18th … we had a ‘S.O.S’ email from Nisha on the Saturday, essentially summarizing a call from the USCIS Officer based in New Jersey. We were being issued an RFE for medicals and were required to now complete the medicals and hand deliver the medical reports to the USCIS Office in NJ. When I look back, the timing of the advice from Nisha a couple of weeks ago just worked … we were expecting the reports on the Monday evening. We collected the sealed medical reports on Monday evening, drove by to Newark, NJ on Tuesday and handover the reports. 
It was Monday, October 4th … I had just settled in our office in NYC and my wife called me to say that they was a change of status on the USCIS website – our Green Cards were approved! She had tears in her eyes and had tears in  mine …. I looked up and said a big Thank you God and a Big Thank you to Nisha – we couldn’t believe it! Nisha over the last 4 years had seen us through – from the L1/L2 to being ‘Lawfully Permanent Residents in the USA’ … she was there in every step of that journey. 
In summary … Nisha’s foresight, professionalism, commitment, eye for detail, domain & subject matter expertise, challenge balanced with the ability to personalize, empathize, cajole, console and re-assure … just being there for us – we are ever so grateful to Nisha! Thank you Nisha … from the bottom of our hearts …. Thank you! 
- Employee of Corporate Client 

Nisha and Andrew, as you both know, I went back and forth among different firms/lawyers with PERM/I-140/TN/I-485 filings. You were absolutely the best of the best in every aspect! I honestly did not expect the speed and ease at which we were able to get through everything to reach the final goal post.  
Thank you so much again and we hope to refer friends to your services in the future! 
- Business Immigration Client

"I reached out to Beth Klarin for a particularly complex visa situation. She immediately put my mind at ease and made me feel calm, confident, and prepared to engage with USCIS. She answered every one of my questions with compassion, warmth, and a high level of expertise. Not only was my petition ultimately successful, but Beth made the entire legal process a really empathetic and rewarding experience. I felt like I was not only working with a legal expert at the top of her field, but also a friend who truly cared about the outcome of my petition. I cannot recommend her services highly enough, and cannot wait to work with her again. "
- Matt Korda

"Beth Klarin is not only an outstanding immigration attorney, but also a great person! We’ve been lucky to work together on several green card cases over the last couple of years and she was nothing short of spectacular. She demonstrates expertise in her field and displays sincerity, warmth and genuine caring to the cases she’s working on. "
- Amanda Baracat, Natura & Co.

"Eileen Martin has been extremely helpful twice as we navigated the US immigration bureaucracy -- once, as my daughter and I were becoming naturalized citizens; and once, as one of our employees was relocating from Canada to the US. She knows the system well, and her calm demeanour has been very valuable for me personally, in those inevitable times when I found the immigration rules confusing. Thanks to her, we made it through both processes cleanly and with our sanity intact!"
- Deepak

I’m a Canadian small-medium sized business owner. In business for 23 years, and over time we grew with 80-100% of our business being US Based. We deliver training of software systems for leading retailers and banks. Ten years ago my team was denied entry to the USA as it was felt we were no longer covered under NAFTA.  Code red for us. Eileen Martin was instrumental in guiding us through the Visa process enabling us to be back in business within 2 weeks. Since then she has been there at every step supporting our ever changing needs due to growth. Eileen Martin is simply part of our team. The level of expertise and experience provided cannot be beat. The level of client care and commitment is unsurpassed by her, Beth Klarin and the Lippes Mathias Wexler Friedman team. Immigration issues? This is your team.
- Mark, SME business owner

At long last, and after such a lengthy road, I am so very happy to attach the oath ceremony notice I received in the mail today…Needless to say, I am so very grateful to have found you both. Thank you from the bottom of my heart for everything you have done for me and for helping me to fulfill this wonderful dream.
- Otto

As a young professional, Eileen and Beth have been instrumental in my ability to start my career and pursue my goals. Throughout our relationship I have always felt like a valued client. With their help, I was able to successfully navigate the TN visa application process three times, leading to TN status for several employment opportunities in the U.S. We even weathered the appeal process of a TN denial together, and throughout that stressful experience they were extremely responsive and reassuring. I credit our success to their dedication and creative approach: they look for answers that may not be obvious when first considering a case -- and their thorough knowledge of immigration law means that they find them.
- Heather, Professional Therapist

With a huge percentage of my business in the United States, you can imagine my stress when I was told the visa I had been using for three years was no longer valid! I turned to Andrew and Nisha in a panic, and they knocked it out of the park for me. They created a long-term strategy for making sure I had exactly the right visas long term so I’d never have to worry about working in the US again. They took me through the visa I needed right away, and two years later moved me to a longer-term visa that was an even better fit (but wouldn’t have been possible without the first one). I’ve referred multiple friends, colleagues and clients to them, and will continue to do so.
- Drew

Working with Beth was a great experience! Getting my E1 visa was very important to my career and livelihood and this process had the potential to be a very stressful, but it wasn't. Elizabeth was incredibly professional, attentive, available and supportive throughout the entire process. I'm so grateful to have had her on the job and would recommend her to anyone looking for an immigration lawyer!
- Jessica, Events Manager and Promoter
My husband and I met overseas (he is from Dubai and I am from the U.S.) and we decided to elope in July of 2018. Post our marriage, we wanted to get legal advice on our next steps, so we contacted Beth Klarin at Lippes Mathias Wexler and Friedman. After considering our options, we knew that she was best decision we could make for our immigration needs. Our affordable, all-inclusive contract relieved the pressure of filling out the daunting paperwork, gave us the freedom to contact our legal team with any questions or needs, and provided the support of having a lawyer with us during our interview. Green card applications are a stressful ordeal because your lives hang on the result of the application. From our first meeting, to the day when she personally delivered the green card into our hands, Beth was highly responsive and informed, with a warm and comforting presence. We give the firm our highest recommendation and will be forever grateful to Beth and her team for establishing the base on which we are able to build our lives together in US.
- Christine, U.S. Citizen Married to a Foreign National (now a U.S. Green Card holder)
I want to say thank you again for how much you were able to help. Crossing into the US in November went so smoothly and your assistance in helping with that was invaluable. I would not have been able to get to the program without you.

- Emily, B-2

Eileen guided us through many immigration situations over the years, always with a successful result.  She was patient, understanding and always responsive. She would accompany my employees to the border and walk them through what they could expect. The paperwork was complete and never questioned by the Border Officials. My company’s livelihood depended on crossing the border weekly with the correct visas and Eileen never once let us down. She is well respected in the immigration community by both her clients and the officials alike. I have been working with Eileen for over 20 years and she is the only immigration lawyer I will ever work with.
- Susan

Hi Nisha! 
I have CC’d a friend and colleague in this email. He is a fellow speaker that has interest in pursuing his E-1 visa. When he asked, I couldn’t wait to tell him about my outstanding experience with you and your team thus far.  Nisha’s team is the BEST.

- Recent Individual Client
My first review but felt it was truly warranted with these two outstanding women. I am referring to Eileen Martin and Beth Klarin, both esquires and both members of my legal team at Lippes Mathias handling my “Green Card” application. During my process I was kept abreast of all issues, documents required, meetings and the ongoing status of my application. Above all the respect and attention afforded me and my wife during this process made it a stress free experience and an absolute pleasure to work with both Eileen and Beth whom we now consider our friends. Thank you! 
- Baj

The Green Card process was complicated and intimidating to me and my wife as we began our journey of opening up a restaurant and then getting married. We wanted to go through the process as quickly and easily as possible. Not knowing how to proceed, we contacted Eileen Martin and Elizabeth Klarin at Lippes Mathias Law Firm. They were highly recommended from another great attorney. These two outstanding lawyers immediately set up an appointment and started the extensive process of filing the application.  Many times, we needed assistance with several of the forms. Elizabeth and Eileen were always there to answer even the simplest of questions. They made us feel at ease with the process and it ran smoothly and quickly as we had hoped.

My wife and I are now living our dream together thanks to these two warm and professional people. If you want to go through the Green Card process or other immigration procedures, please give them a call, we highly recommend them. Thank you so much for taking care of us!
“Eileen Martin is a very reliable corporate immigration lawyer. Eileen has worked with many of our leaders to successfully apply and receive a E 1 business visa. We have found  Eileen to be  knowledgeable, accessible and personally invested in the success and prompt approval this complicated process. I have recommended Eileen to several of my fellow CEO’s and all have been quite satisfied with the results."
- David Lahey, MBA

"I am very grateful for the guidance and assistance that Beth gave to me in my search to obtain a US work Visa. Even though I was born and raised in Canada, she identified that I was already an American citizen due to my father’s U.S. citizenship and time spent in the U.S., and set me on a path to successfully obtain my US passport within 4 months! She is knowledgeable, accessible, and kind. Best of all, she shared in the celebration when the process was complete and provided instructions to follow up so I could apply for my first social security card. Now I can do the things I really want to do: apply to the University of Hawai’i and continue making beautiful surf boards!"
- Leslie 
Case Studies

Case Study #1

Finding the Best U.S. Immigration Option

For some clients, there are multiple options on how to obtain status to work and/or live in the U.S. Deciding on which of their options is the best option involves a careful, close look at various factors. We work through these factors strategically to make a recommendation that both meets the client’s short and long-term needs, and is in line with his or her priorities.

As an example, we recently met with a Canadian individual who had been maintaining L-1A status for approximately 25 years, and was now seeking our counsel in renewing his L-1A status.

As background, the L-1A does have a maximum time limit of seven (7) years.  However, an individual can obtain an L-1A past the seven year mark if they can demonstrate that they qualify for “commuter” L-1 status—that is, that they have spent less than six months out of the year in the U.S.  The “commuter” L-1 can be approved for two (2) years at a time.

When reviewing the client’s background, discussing his Canadian and U.S. businesses, and his short-term and long-term goals regarding the U.S., we advised him that we would actually recommend not renewing the L-1, even though he continued to qualify. Rather, we recommended that he, through his Canadian company, obtain an E-1 (treaty trader) visa through the U.S. Consulate in Toronto, Canada.

He continued to qualify for the L-1A, and would likely qualify for an E-2 (treaty investor) visa as well, but in reviewing the details of his case, the E-1 seemed to be the best option for him. One of the key benefits of the E-1 visa is a potential five year approval vs. a two year L-1A “commuter” approval.  Over a five year period, this would save him both legal fees and government filing fees; his L-1 government filing fees alone would have been US$460/application every two years, vs. E-1 government filing fees of US$250/application every five years).

The client followed our recommended strategy and was approved for an E-1 visa for a five year period through the U.S. Consulate in Toronto.  He can now put his U.S. immigration concerns aside for a this time period and focus on running his Canadian business, without needing to devote financial and other resources towards his U.S. immigration matters in the interim.

When reviewing cases, we advise clients on all options and provide the pros and cons of each—including cost, timing, convenience, adjudication trends, etc. to find the best fit for the client, regardless of whether a previously-employed strategy has worked.

-Nisha V. Fontaine
Case Study #2

B-1 (in lieu of H-3) for Multinational Non-Profit Sending Workers to the U.S. for Temporary Training

Last month, our corporate client, a multinational nonprofit, contacted us and shared that they were in the process of expanding their presence in Belgium. They had a group of individuals (6) that had been recently hired by their Belgium entity to support the expansion. However, those individuals needed to enter the U.S. in approximately a month to complete necessary training at the company’s U.S. location for six (6) weeks so that they could properly and effectively complete their new job duties in Belgium. The training would consist of a mix of classroom environment and practical simulations to gain hands-on experience, while having their work reviewed by the experienced trainers in the U.S.

After confirming that the training was not available in Belgium, that the individuals would remain employees of the Belgium entity and would not be remunerated by the U.S. company, and that any productive work would be incidental to the training, we offered our solution: The six (6) individuals could enter the U.S. in B-1 (in lieu of H-3) status under the Visa Waiver Program.

 Since these individuals were citizens of Belgium, they could utilize the Visa Waiver Program (if they had ESTA Authorization). As background, the Visa Waiver Program allows individuals of certain countries to enter the U.S. without first obtaining a U.S. visa abroad. Foreign nationals entering the U.S. under the Visa Waiver Program can be admitted for up to ninety days and are allowed to engage in B-1 Business Visitor Activities. Being able to utilize the Visa Waiver Program for this purpose results in a significant advantage to the company – foregoing the time and expense associated with obtaining U.S. visas abroad.

 Over a four week period, our office diligently worked with the company and the employees to prepare B-1 (in lieu of H-3) packets for each foreign employee. Our packet included a support letter from the Belgium entity confirming the need for the training in the U.S. and providing details about the training program; a detailed Training Plan from the company outlining the topics to be covered and delivery method; and a detailed cover letter from our office confirming their ability to enter the U.S. in B-1 (in lieu of H-3) status under the Visa Waiver Program.
We also provided the applicants with a detailed instructional letter summarizing their eligibility and outlining supporting documents they should bring with them to the U.S. in support of their application for admission. Prior to their travel date, we also completed a prep call with them to ensure that they had a understanding of what to expect when they encountered U.S. immigration, make sure the individuals understood how they were eligible, and go over any questions or concerns they had.

 All six (6) applicants successfully entered the U.S. recently and are currently completing their training in the U.S.
By reaching out to our office and being proactive, this multinational company ensured ongoing compliance with U.S. immigration laws and placed their employees in a position of confidence when entering the U.S. In addition, they strategically managed their business need to have the new employees complete their training in the U.S. while remaining financially cognizant of the expense involved.

-Nisha V. Fontaine

Case Study #3

Evaluating Options – O-1A or O-1B 

I was recently introduced to a Canadian citizen who wanted to enter the U.S. for speaking engagements through a U.S. Speaking Agency.  Her past accolades included musical shows and appearances on TV (Disney Jr. Canada), multiple JUNO Award nominations and receipt of two (2) JUNO Awards, multiple articles written about her and her role as part of a music duo.  She had also previously been approved for a P-1 before – but that was for her performances for her musical appearances and shows.
Within the O-1 category, there are O-1’s available for science/education/business/athletics (O-1A) … or arts and motion picture/TV (O-1B).  While her history seemed to lend itself towards an O-1B (Arts), the actual work she intended to perform in the U.S. did not – she did not want to enter the U.S. for musical appearances/shows, but rather for speaking and consulting engagements focused on her work.  However, the threshold for eligibility for an O-1B is lower than it is for an O-1A.  Which would be the best option for her? 
After speaking with her and reviewing her overall background, my recommended strategy was to pursue an O-1A for her through the Speaking Agency.  We would want to work on identifying her field to allow us to encompass her stage career (past)/speaking activities (present)– so we identified her field/role as an individual of extraordinary ability in the field of youth emotional empowerment.  We identified her as a transformational life-coach in the field who delivers her message through storytelling, song, video, speaking and consulting.  
With the O-1 filing, we explained how her musical/stage activities were focused on youth empowerment and the awards she had received for her work.  We highlighted her critical roles in her TV appearances which had received significant attention and accolades.  We discussed her original and influential contributions in the field of youth emotional empowerment and how her work was being implemented by national organizations and practicing psychologists, as well as the number of articles that had been written about her and her work in the field.
We filed the O-1 with USCIS with Premium Processing – it was approved – without an RFE – for a three (3) year period.  One of the most critical parts of this case was the strategy in identifying how to best encompass all of her work – by focusing on the similar theme in between all of it – which was youth emotional empowerment.  We are so very happy to have achieved this result for and glad she is able to bring her work to the U.S.

-Nisha V. Fontaine

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