Business Immigration

Business Immigration: Building a Future Here

There is a particular kind of courage it takes to build a career in a country that was not where you started. Many of our clients have done exactly that — they came to the United States for school, for work, for opportunity — and somewhere along the way, this place became home. The immigration system, though, does not always make it easy to stay.

Business immigration is not a single thing. It is a web of visa categories, filing deadlines, employer requirements, government backlogs, and evolving policy — and one missed step can undo years of careful planning. We have seen it happen. A renewal filed just slightly late. A job description that did not quite match the visa classification. A change of employer that triggered a status complication nobody anticipated.

What we do is make sure those things do not happen to you.

Work & Employment Visas

H-1B — Specialty Occupation Workers

The H-1B is the backbone of professional immigration in the United States. Engineers, software developers, accountants, architects, researchers — if your job requires a bachelor's degree or higher in a specific field, this is likely your visa. But the H-1B is also one of the most competitive and tightly regulated visas in the system. The annual lottery, the cap, the employer sponsorship requirements, the renewal timelines — navigating all of it correctly matters enormously. We help both employees and employers manage the H-1B process from initial petition through extensions and beyond.

H-2B — Temporary Non-Agricultural Workers

Not every business need fits a permanent hire. The H-2B visa allows U.S. employers to bring foreign nationals to fill temporary non-agricultural positions — in hospitality, construction, landscaping, and other industries — when qualified American workers are not available. The process involves Labor Department certification and strict documentation, and the timelines are tight. We help employers build complete, compliant petitions so that the workers they need can arrive on time.

L-1 — Intracompany Transferees

If you work for a multinational company and are being transferred to a U.S. office — or if you are the company doing the transferring — the L-1 visa is designed for exactly this situation. The L-1A covers managers and executives; the L-1B is for employees with specialized knowledge. For businesses expanding into the U.S. market and professionals moving within their organizations, the L-1 can be a powerful pathway that also opens the door toward permanent residence. We help both companies and individual employees navigate the petition process cleanly and strategically.

O-1 — Extraordinary Ability

The O-1 is for people who have risen to the very top of their field — scientists, artists, athletes, educators, business leaders, researchers whose work has been recognized at a national or international level. If that sounds like a high bar, it is. But "extraordinary ability" does not always mean famous. It means documented excellence: awards, publications, critical roles, high salary relative to peers, media coverage, peer recognition. We work with clients to build the strongest possible O-1 petition by assembling the evidence that tells the full story of their achievements.

Permanent Residence — Green Card Pathways

Getting a work visa is one milestone. Building a permanent life here is another. For many of our clients, the long-term goal is a green card — and getting there requires knowing which pathway fits your situation and how to move through it efficiently.

EB-1 — Priority Workers and Extraordinary Ability

The EB-1 is the fastest employment-based green card category and, crucially, does not require PERM labor certification. It covers three groups: people with extraordinary ability in their field (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers and executives (EB-1C). For Indian nationals especially — who face some of the longest backlogs in EB-2 and EB-3 — qualifying for EB-1 can mean the difference between a two-year wait and a twenty-year one. We carefully evaluate whether a client's background supports an EB-1 petition before recommending any pathway.

EB-2 — Advanced Degree Professionals

The EB-2 category is for professionals who hold a master's degree or higher, or a bachelor's degree plus five years of progressive experience in their field. Most EB-2 cases require PERM labor certification through an employer, but there is an important exception: the National Interest Waiver.

National Interest Waiver (NIW)

The NIW allows certain EB-2 applicants to skip the employer sponsorship and PERM certification process entirely — if they can demonstrate that their work is in the national interest of the United States. Researchers, scientists, medical professionals, engineers working on critical infrastructure, educators, and others with a track record of meaningful contributions to their field may qualify. The NIW is self-petitioned, which means you do not need an employer to sponsor you. For many professionals, this is a life-changing option they did not know was available to them. We evaluate NIW eligibility carefully and build petitions that tell a compelling, evidence-backed story.

EB-3 — Skilled Workers and Professionals

The EB-3 covers skilled workers (jobs requiring at least two years of training or experience), professionals with a bachelor's degree, and in some cases unskilled workers in roles where U.S. workers are not available. The EB-3 requires PERM labor certification and employer sponsorship. While the EB-3 backlog for Indian nationals is significant, for applicants from other countries it can move relatively quickly. We help both employers and employees navigate the full EB-3 process from start to finish.

PERM Labor Certification

Before most employment-based green card petitions can be filed, employers must go through PERM — a Department of Labor process that verifies there are no qualified, willing U.S. workers available for the position. It involves specific recruitment steps, strict documentation, and precise timing. A PERM application that is filed with errors or gaps can be audited or denied, adding months or years to an already long process. We guide employers through every step to make sure the record is complete and defensible.

Adjustment of Status — From Visa to Green Card

For clients already living in the United States on a valid visa, Adjustment of Status (Form I-485) is the process of applying for a green card without leaving the country. When a visa number is available and the client is eligible, this is often the most efficient route to permanent residence. We manage the entire process — timing the filing correctly, preparing supporting documentation, preparing clients for the biometrics appointment and interview, and responding to any Requests for Evidence that arise along the way.

Students, Visitors, and Investors

F-1 OPT and STEM OPT — Students Transitioning to Work

Thousands of international students graduate from U.S. universities each year and face the immediate question: what now? Optional Practical Training (OPT) allows F-1 students to work in their field for up to 12 months after graduation — and STEM graduates can extend that to 36 months. But the transition from student visa to work authorization has strict deadlines and reporting requirements. Many students do not realize how little margin for error there is until something goes wrong. We help students navigate OPT and STEM OPT correctly and plan their next step — whether that is an H-1B, an employer-sponsored green card, or another pathway.

J-1 — Exchange Visitors

The J-1 visa covers a wide range of exchange programs: research scholars, professors, physicians doing graduate medical training, au pairs, camp counselors, interns, and more. One issue that comes up regularly is the two-year home residency requirement — a rule that requires certain J-1 holders to return to their home country for two years before applying for certain other visas or a green card. Whether you need guidance on J-1 program compliance, a waiver of the home residency requirement, or help transitioning to another status, we can help you understand your options.

B-1/B-2 — Business Visitors and Tourists

The B-1 is for temporary business visitors — people attending conferences, negotiating contracts, consulting with business partners, or training at a U.S. facility. The B-2 is for tourists and people visiting family. While these are among the most common visas issued, they come with important restrictions on what activities are permitted. Working, receiving compensation, or engaging in activities beyond the visa's scope can jeopardize future visa applications. We advise clients on what they can and cannot do on a B visa and help them maintain valid status throughout their stay.

E-2 — Treaty Investors

The E-2 visa is for nationals of countries that have a qualifying treaty with the United States who are investing a substantial amount of capital in a U.S. business. It is a powerful option for entrepreneurs and investors who want to run or manage a U.S. enterprise without going through the employment-based green card process. The investment must be real, active, and at risk — passive investments do not qualify. The business must generate more than enough income to support the investor and contribute to the U.S. economy. We help investors evaluate whether their situation meets the E-2 criteria and build petitions that clearly demonstrate a qualifying investment.

A Note on Indian Nationals

Attorney Richa Malik immigrated to the United States herself, after 2010, and she has lived the reality of what the immigration system asks of people who come from India. The per-country cap — a rule that limits any single country to no more than 7% of annual employment-based green cards — means that Indian nationals in the EB-2 and EB-3 categories can wait decades for a priority date to become current. That is not an exaggeration. It is a documented backlog that affects hundreds of thousands of people.

Understanding this reality is part of how we approach every Indian client's case. We look carefully at whether an EB-1 or NIW pathway might be available. We time filings strategically. We make sure nothing preventable — no missed deadline, no documentation gap, no procedural error — adds a single unnecessary day to an already long wait.

Richa speaks English, Hindi, Urdu, and Punjabi. For many clients, being able to discuss something as important as their immigration case in their first language is not a small thing. It changes how comfortable you feel asking questions. It changes how clearly you understand the answers. It changes everything.

If you are navigating any of these visa categories — or if you are not sure which one applies to your situation — we would like to hear from you. Immigration law rewards people who plan carefully and move deliberately. The earlier you get sound legal guidance, the more options you have.

Call Malik Law, PLLC today to schedule a consultation.

Address: 3212 Lake Washington Blvd N, Renton, WA 98056, United States

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