Business Immigration Attorney
Companies often hire internationally to counter any skill gaps in local markets. They also need to comply with various legal requirements while setting up businesses in other countries. With a global footprint, come the multifaceted challenges of business immigration.
If your company is struggling with recruiting foreign staff, moving employees internationally, or complying with the host country’s immigration law, our business immigration attorneys at Total Law are there to help you. Get in touch with our legal team today on +44 (0) 333 305 9375 (UK), +1 844 312 4979 US and Canada), and +353 19039449 (Ireland).
Business Immigration and Compliance
The free movement of capital and goods across the world bring along the question of global movement of talent. Addressing skill gaps in domestic markets cannot be solved by policymakers overnight. In such scenarios, it is crucial for businesses to be able to tap the global talent pool, to avoid any threats to their current profit margins or future growth prospects.
On the other hand, many entrepreneurs, innovators, and start-up founders today wish to expand their business footprint on an international scale. They often struggle to understand what they require from a legal standpoint to expand in other countries and how to be in compliance with the business immigration law to continue operating legally in the host country.
Business immigration requirements are often the strictest ones in the whole gamut of immigration policies of every country. Every government not only wants to protect the interests of their domestic workforce but also ensure that employers do not abuse work visa routes or indulge in malpractices leading to “modern slavery.” When it comes to welcoming international companies or start-ups, what benefits they bring to the host country and its citizens are rigorously scrutinized.
Compliance is the key if you would like to employ (and continue employing) foreign workers as well as run your foreign and domestic operations. This is why hiring a corporate immigration attorney is so crucial right from your strategic planning phase.
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Overview of Business Immigration Visas
Overview
The business immigration visas can be classified under two broad heads. In one category are the documentation and approvals you require as an employer to hire overseas staff in the host country as well as the suitable visa options for your foreign workers.
The other category deals with licenses/permits that you require as a company owner or start-up founder to set up a business or branches in an overseas country. In this section, we have provided a brief overview of the different business visas/permits in the US, Canada, the UK, Ireland, and Spain.
The US Business Visas
In the US, there are mainly two types of work visas: non-immigrant and immigrant. The non-immigrant work visas are for foreign workers who will be working in the US for a fixed period of time. Usually, a US employer first files a petition with US Citizenship and Immigration Services. Once their petition is granted, the foreign employee applies for a suitable work visa.
The various H, I, L, O, P, and R visas fall under the non-immigrant category while the EB-1, EB-2, EB-3, and EB-4 visas fall under the immigrant work visa category in the US. The EB-5 visa covers, on the other hand, the Immigrant Investor Program. Under this program, the foreign investor and their eligible family members can apply for green cards.
Canada Business Visas
Foreign workers can immigrate to Canada through any of the following routes:
- Federal Skilled Worker program
- Canadian Experience Class
- Express Entry
- Federal Skilled Trades program
- Provincial Nominee Programs
- Self-Employed Persons Program
In addition, several overseas workers enter the Canadian job market every year through various work visas and permits offered by the Canadian government, such as a Working Holiday visa, a Post-Graduation Work Permit, or a Canadian work permit.
The Canadian government also has several immigration programs in place to welcome foreign entrepreneurs and investors, such as:
- Start-up Visa (SUV)
- Federal Self-Employed Program
- Provincial Nominee Programs (PNP) for Business
- Temporary entry to Business Persons via Canada’s trade agreements
- Business Visitors
- Quebec Business Immigration Programs
The UK Business Visas
There are several work visa options in the UK, which vary both in scope and validity depending on the migrant worker’s skill/qualification, employment status, whether they have a job offer in the UK, how long they will be working in the country etc. These visas might be categorized depending on their certain common attributes:
- Skilled worker route: Skilled overseas workers have the option to apply for a Skilled Worker visa, a Health and Care Worker visa or a Scale-up visa to come and work for an employer holding a valid sponsorship license in the UK
- Global business mobility route: A foreign employer might send overseas staff to work in their UK branch or subsidiary for a fixed period, or to set up and run their business operations in the UK, through this route. This route includes a Senior or Specialist Worker visa, a Graduate Trainee visa, a Secondment Worker visa, a Service Supplier visa, and a UK Expansion Worker visa
- Work visas without a job offer: For exceptionally talented foreign nationals, there are certain unsponsored work visa options in the UK, such as a Global Talent visa, a High Potential Individual (HPI) visa, and a Graduate visa
- Representative of an Overseas Business visa, applicable for foreign staff of an overseas newspaper, news agency or broadcasting organization
- Innovator Founder visa, if you want to set up and run an innovative business in the UK
- Overseas Domestic Worker visa
- International Sportsperson visa
- Minister of Religion visa (T2)
In addition, there are six Temporary Work visas:
- Seasonal Worker visa
- Government Authorised Exchange visa
- Creative Worker visa
- Religious Worker visa
- Charity Worker visa
- International Agreement visa
Ireland Business Visas
Visa-required foreign nationals coming to work or run their own businesses in Ireland must obtain Stamp 1 permission from Immigration Service Delivery. As per the Employment Permits Act 2006, there are nine employment permits in Ireland:
- Critical Skills Employment Permit
- Dependant/Partner/Spouse Employment Permit
- Intra-Company Transfer Employment Permit
- General Employment Permit
- Contract for Services Employment Permit
- Reactivation Employment Permit
- Internship Employment Permit
- Sport and Cultural Employment Permit
- Exchange Agreement Employment Permit
Citizens from certain countries (e.g. Argentina, Australia, the US, Canada etc.) can also work in Ireland on the basis of a Working Holiday Authorisation.
Spain Business Visas
Foreign employees will need to apply for a National visa (also called a “D” visa) to work in Spain, such as an Employee visa, a Self-employed work visa, or the visas for highly qualified workers and for intra-company transfers depending on their immigration circumstances. A Spanish employer will need to apply for a work permit on their foreign staff’s behalf, before the said staff can apply for a work visa in Spain.
To attract foreign investors and entrepreneurs to the country, Spain has a Golden Visa Program in place, which includes both an Investor visa and an Entrepreneur visa. Foreign nationals traveling in Spain can also apply for a Digital Nomad visa to work for companies based outside the country.
Total Law Business Immigration Attorneys: Countries We Support
We at Total Law are truly an international team of lawyers specializing in global immigration issues. Our highly qualified lawyers have helped several companies and individuals globally with legal advice, applications, appeals, and visa/permit extensions.
At present, our business immigration team supports the following countries:
- The US
- Canada
- Spain
- The UK
- Ireland
- Germany
- France
- New Zealand
- Australia
Our Areas of Service
At Total Law, we understand that your immigration-related challenges and requirements are varied. You might, for example, be looking for legal and immigration assistance with one or more of the following:
- Expanding your business operations in a new country
- Obtaining required licenses or permits to hire foreign workers, such as:
- A sponsor license in the UK to enable the employer sponsor its foreign workers
- A permanent labor certification in the US, issued by the Department of Labor, that allows employers to hire a foreign worker on permanent basis
- A Labour Market Impact Assessment (LMIA) in Canada before an employer can hire its foreign staff
- Complying fully with the immigration laws while recruiting foreign national employees
- Transferring your staff from overseas offices/branches
- Managing any other risks associated with the immigration process
- Recruiting international students or graduate trainees/interns, etc.
- Complying with tax and social security regulations for migrant workers
- Adhering to data privacy rules and employment laws, including meeting the minimum compensation and benefit thresholds
- Complying with any other government restrictions
Our expert and experienced business immigration lawyers also offer bespoke services in the following areas:
- Strategic planning and multi-jurisdictional immigration assessments for individual and team relocations
- Global, regional and country-specific business travel advice and compliance assessments
- Visa/permit eligibility assessments and strategic advice
- Drafting, reviewing, and updating your company’s internal global immigration policies
- Providing comprehensive training for your HR staff, covering global immigration basics, distinctions between business travel and work permission, etc.
- Liaising with country governments on your behalf as necessary
Immigration Attorney Fees
The cost of hiring a business immigration attorney will vary depending on what services you are looking for, the complexities involved in your situation, and the extent of services required.
For example, the attorney fees will be higher for a multinational corporation moving several staff globally (or hiring a considerable number of overseas workers) compared to a start-up founder who just needs to hire just one key staff internationally.
Irrespective of the cost, please note that it is crucial to hire an experienced and reputed business immigration lawyer to guide and advise with your visa/license/permit applications and/or represent your company in a tribunal or labor court if it comes to that. Professional legal advice can increase your chances of receiving a positive decision, especially in complex immigration situations.
Our International Business Immigration Attorneys Can Help
At Total Law, our team of sympathetic immigration lawyers have the required expertise and experience to assist you with your business immigration requirements, regardless of the complexity of your case. We have helped several companies and organizations so far with their business immigration challenges.
We understand that it is of utmost importance for any business to comply with all relevant rules and regulations in a country, so that you can continue operating legally there. As your business immigration attorneys, we can help you meet the compliance requirements of the said country.
In fact, we are here for you for every step of the process; for example, starting from helping you decide which visa/permit option would be most suitable for your foreign worker in your circumstances, to advising you on the required licenses and documentation, to completing your workers’ visa/permit applications on their behalf.
You might choose from any of our below packages and/or ask for more customizable services as required in your immigration situation:
- The Advice Package: Comprehensive advice tailored to suit your needs and situation
- The Application Package: Legal advice and actual assistance in completing and submitting your application form
- The Fast Track Package: A premium service for those on a tight deadline for submitting the visa/permit application
- The Appeal Package: Preparation of your appeal case and full legal representation in any hearings/tribunals on your behalf
To know more about the services we provide and how we can help you, please call us on +44 (0)333 305 9375 (UK), +1 844 290 6312 (US and Canada), and (+353) 061 518 025 (Ireland) today to speak to our team of legal advisers and immigration consultants.
Advice Package
Get clear, expert advice on your visa options, eligibility and application before you commit to applying.
Application Package
Let our immigration lawyers prepare, check and manage your application so you can apply with confidence.
Fast Track Package
Need to apply quickly? Get priority handling by our immigration lawyers from preparation to submission.
Appeal Package
Been refused or received an unfavourable decision? Get expert legal help to challenge it or determine your next step.
The Advice Package
During this Advice Session, an immigration lawyer will assess your circumstances, explain your options and tell you what you need to do to make a strong application.
We review your circumstances, explain the relevant requirements, identify potential problems or refusal risks, and advise you on the evidence and next steps.
The Application Package
With our Application Package, your dedicated immigration lawyer will assess your case, prepare your application, check your supporting documents and submit your forms on your behalf.
We check your application for missing information, inconsistencies and potential issues before submission, helping you avoid common mistakes that could affect your case.
The Fast Track Package
Our Fast-Track Application Package gives your case priority with our immigration lawyers, helping you get your application prepared, checked and submitted as quickly as possible.
Your case receives priority handling, including accelerated document reviews, application preparation, communication with your caseworker and submission support.
The Appeal Package
Our immigration lawyers will review the decision, explain why it was refused and advise on the strongest option available to you, including an appeal, review or fresh application where appropriate.
We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
You can email us at [email protected] or use the live chat function on our website.
Yes, we have the required expertise to assist innovators and start-up founders looking to expand their business footprint internationally. Call us on +44 (0)333 305 9375 (UK), +1 844 290 6312 (US and Canada), and (+353) 061 518 025 (Ireland) to discuss further.
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