Business Immigration

We Are Here to Help-
No Matter Where Your Ambitions May Take You

At The Mays Law Firm, PLLC, we understand that business growth often requires thinking beyond borders. Whether you're looking to hire exceptional talent from around the world, expand internationally, or navigate the complexities of visas and work permits, our Business Immigration team is dedicated to providing seamless, tailored solutions every step of the way.

We focus on helping businesses of all sizes navigate the intricacies of U.S. immigration law while also offering outbound immigration services for companies looking to relocate employees or operations abroad. Our global migration law expertise allows us to offer comprehensive strategies that not only ensure compliance in the U.S., but also support your expansion and international talent management goals.

From securing work visas, such as H-1B and L-1, to facilitating intra-company transfers and guiding employees through the green card process, our attorneys are here to streamline the immigration process. We also assist businesses with investor visas, providing strategic advice on EB-5 and E-2 options for entrepreneurs looking to invest in the U.S. market. Our outbound immigration services ensure that your business has the tools to support employees relocating to international offices, with legal guidance on visas, permits, and compliance in foreign markets.

In addition, our global migration law services provide you with the expertise needed to manage a global workforce, ensuring that your employees are fully compliant with the immigration regulations of any country you operate in as we partner with lawyers abroad. Whether you’re bringing talent to the U.S. or managing international relocation, we craft solutions that fit your business’s goals.

At The Mays Law Firm, PLLC, we’re here to support your business’s global success. Our deep knowledge of U.S. and international immigration laws allows us to provide fast, efficient, and effective solutions to meet your unique needs. Let us handle the complexities of immigration, so you can focus on driving your business forward.

H-1B Visas:
Specialty Occupations

H-1B Visa

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher in a related field.

Eligibility Requirements: To qualify for the H-1B visa, the following conditions must be met:

The position must require a bachelor’s degree or higher in a specific specialty.
The applicant must possess the required educational qualifications or its equivalent in work experience.
The U.S. employer must be willing to sponsor the applicant for the duration of their employment.

Recent H-1B Visa Updates: As of recent changes to the H-1B process, applicants and employers should be aware of the following updates:

H-1B Electronic Registration Process: The U.S. Citizenship and Immigration Services (USCIS) now requires all petitioners to first submit an electronic registration for the H-1B lottery. The registration process is streamlined and typically happens in March. Only those selected in the lottery are invited to submit a full petition, making this step crucial for timely submission.
Changes to Prevailing Wage Requirements: The Department of Labor has adjusted the prevailing wage levels for H-1B workers, which can affect employers’ ability to meet wage criteria. These adjustments aim to ensure H-1B workers are paid fairly in relation to the U.S. workforce.
Increased Scrutiny on Employer-Employee Relationships: USCIS has heightened scrutiny on the employer-employee relationship, particularly in third-party placements and staffing arrangements. Employers should be prepared to provide detailed documentation proving that the H-1B worker will be directly employed and supervised by the sponsoring entity.
STEM and Cap-Exempt H-1B Extensions: There are new opportunities for extensions of H-1B status for workers in STEM fields (Science, Technology, Engineering, and Math). Additionally, certain employers, such as universities and non-profit research organizations, may be exempt from the H-1B cap, providing more flexibility for highly skilled workers.

The application process for the H-1B visa can be complex and highly competitive, but with The Mays Law Firm, PLLC, you can navigate these updates and ensure that your petition complies with the latest regulations. We provide tailored advice to help both employers and employees understand and adapt to these changes.

H-2A Visa

H-2A Visa:
Agricultural Employees

The H-2A visa program allows U.S. employers to bring in temporary foreign workers for seasonal agricultural work. The H-2A visa is essential for agricultural businesses that require additional labor to meet peak production needs, especially when qualified U.S. workers are unavailable.

Eligibility Requirements: To qualify for the H-2A visa, the following conditions must be met:

The employer must demonstrate that there is a lack of available U.S. workers who are qualified, willing, and able to perform the required work.
The agricultural work must be temporary or seasonal in nature.
The employer must offer wages that meet or exceed the prevailing wage for the job, housing accommodations, transportation, and other required benefits for the workers.
The employer must provide documentation of a detailed recruitment process to prove that no qualified U.S. workers were available for the position.

Recent H-2A Visa Updates: With ongoing changes in the agricultural labor market, it’s essential to stay informed about updates to the H-2A visa process. Here are some of the key changes to note:

Increased Wages and Housing Requirements: The U.S. Department of Labor (DOL) has updated its prevailing wage rates for H-2A workers, which may affect the wages employers are required to offer. Additionally, employers must continue to meet housing requirements, including providing safe and adequate accommodations for H-2A workers during their stay.
Faster Processing Times and Streamlined Application Process: USCIS has introduced measures to speed up the H-2A visa processing times, providing agricultural employers with quicker access to necessary labor. However, it is still important to plan ahead and submit petitions well in advance of the harvest season to ensure timely approval.
Changes in the Recruitment Process: Employers must be able to prove that they’ve made adequate efforts to recruit U.S. workers before hiring H-2A workers. This includes specific timelines and methods for advertising job openings. The DOL has emphasized strict compliance with recruitment regulations, so employers should be prepared for increased scrutiny.
Extension of Stay for H-2A Workers: The H-2A visa is typically issued for the duration of the agricultural season, but recent changes allow for more flexibility in extending workers' stays if the temporary need for labor extends beyond the original timeline. Employers should monitor any changes in visa extensions to ensure continuous legal work authorization for their employees.

H-3 Visa

H-3 Visa:
Nonimmigrant Trainee

We help employers and foreign nationals navigate the complexities of the H-3 visa program. The H-3 visa is designed for individuals who wish to come to the United States for training that is not available in their home country. It’s an excellent option for foreign nationals seeking to gain practical, hands-on experience in fields such as business, agriculture, and even the arts or athletics. The training provided under this visa must be specific to the applicant’s field and cannot be available in their home country.

Eligibility Requirements: To qualify for the H-3 visa, the following conditions must be met:

The applicant must be coming to the U.S. to receive training in a specific field, which is not available in their home country.
The training must be limited to a specific time frame, generally up to two years.
The training program must be provided by a U.S. employer, and the applicant should not be coming to the U.S. for productive employment, but rather for the purpose of training.
The applicant must demonstrate that they intend to return to their home country upon completion of their training.

Recent H-3 Visa Updates: While the H-3 visa remains a specialized program, there are a few important updates to be aware of:

Increased Scrutiny on Training Programs: The U.S. Citizenship and Immigration Services (USCIS) has implemented heightened scrutiny on H-3 visa petitions. Employers must provide clear evidence of the nature of the training, its purpose, and how it will benefit the foreign national’s career. The focus is on ensuring that the training is not a guise for regular employment.
Limitations on Work: While H-3 visa holders are authorized to engage in training, they are not allowed to take on productive work unless it is part of the training program. This has become a point of attention for USCIS in recent years, so it’s crucial to ensure the petition outlines the nature of the training and the participant's responsibilities in clear detail.
Duration and Extensions: The initial duration of stay for an H-3 visa is typically up to 2 years, but extensions are limited and must demonstrate that additional training is essential. This has become more tightly regulated in recent policy updates, so it’s essential to prepare well-documented petitions to justify any request for an extension.
Temporary Nature of Training: The H-3 visa is explicitly for temporary training purposes. Applicants cannot use this visa to seek permanent employment in the U.S., and employers must ensure that the training aligns with the outlined objectives. This program is highly specialized, which makes careful planning and documentation essential for approval.

I Visa

I Visa:
Representatives of Foreign Media

We provide expert guidance to foreign media representatives seeking to work in the U.S. under the I visa program. The I visa is designed for journalists, reporters, and other representatives of foreign media organizations who are coming to the United States to engage in their professional duties. This visa allows media representatives to enter the U.S. to report on news, cover events, or produce content for their respective outlets.

Eligibility Requirements: To qualify for the I visa, the following conditions must be met:

The applicant must be a representative of a foreign media outlet, including journalists, reporters, editors, film crews, or other professionals involved in the production or distribution of media content.
The foreign media organization must have its primary place of business outside the United States.
The applicant must be entering the U.S. to engage in their journalistic activities, such as reporting news, gathering content, or covering media events.
The applicant must be employed by a foreign media organization, which could include news agencies, broadcasters, and publishers, but not independent contractors.

Recent I Visa Updates: There have been a few important updates to the I visa process that foreign media representatives should be aware of:

Clarification of “Media Representative” Definition: The U.S. government has clarified the definition of “media representative,” emphasizing that the visa is only available to individuals employed by foreign media organizations engaged in genuine news-gathering activities. This means individuals employed solely in marketing, advertising, or public relations roles for foreign media outlets may not qualify for the I visa.
Documentary Evidence of Media Employment: USCIS and U.S. embassies now require detailed documentation from applicants to prove they are employed by a recognized foreign media organization. This can include letters of assignment, contracts, and evidence of the media outlet’s ongoing operations and audience reach. Ensuring comprehensive and accurate documentation is critical to a successful application.
I Visa Duration and Extensions: The I visa is generally issued for the duration of the assignment, but extensions are possible for those who continue to meet the visa requirements. The applicant must demonstrate that their work is ongoing and within the scope of their journalistic duties. Employers should keep track of expiration dates and prepare extension requests well in advance.
Increased Scrutiny for Freelance Media Workers: Freelancers and independent contractors who wish to enter the U.S. for journalistic work may face additional scrutiny. While the I visa is primarily for employees of foreign media organizations, freelancers who can demonstrate an ongoing, established relationship with a recognized media outlet may still be eligible.

L-Visa

L-Visas:
Intercompany Transferee

we specialize in helping businesses navigate the complexities of the L-1 visa program, which allows multinational companies to transfer employees from foreign offices to the United States. The L-1 visa is divided into two categories: the L-1A visa for executives and managers, and the L-1B visa for employees with specialized knowledge. These visas are critical for global businesses looking to expand or maintain operations in the U.S. by transferring key personnel who contribute to the company’s success.

L-1A Visa (Executives and Managers):

The L-1A visa is designed for individuals who are being transferred to the U.S. to serve in an executive or managerial capacity. This visa is essential for multinational companies that need to bring in leadership to oversee operations, direct teams, and maintain business strategies in the U.S.

Eligibility Requirements: To qualify for the L-1A visa, the following conditions must be met:

The applicant must be employed by a foreign company for at least one continuous year in the three years preceding the application, in an executive or managerial capacity.
The applicant must be coming to the U.S. to serve in an executive or managerial role for a related U.S. entity, such as a subsidiary, affiliate, or branch.
The applicant must have the authority to make significant decisions within the company, oversee a team or department, and manage key functions of the U.S. business.
The U.S. company must be a parent, branch, affiliate, or subsidiary of the foreign employer.

L-1B Visa (Specialized Knowledge Workers):

The L-1B visa is designed for employees who possess specialized knowledge relevant to the company’s operations. This visa is ideal for individuals with expertise in areas such as engineering, IT, finance, or company-specific processes and technologies.

Eligibility Requirements: To qualify for the L-1B visa, the following conditions must be met:

The applicant must be employed by a foreign company for at least one continuous year in the three years preceding the application, in a position requiring specialized knowledge.
The applicant must be coming to the U.S. to work in a similar position that requires specialized knowledge within the U.S. company.
The knowledge held by the applicant must be unique to the company’s operations or industry, including proprietary systems, processes, or products.
The U.S. company must be a parent, branch, affiliate, or subsidiary of the foreign employer.

Recent L-1 Visa Updates:

L-1A Visa Duration and Extensions: The L-1A visa is typically granted for up to 7 years, but extensions are possible if the applicant continues to meet the requirements for an executive or managerial role. USCIS has recently streamlined the process for extension requests for qualifying L-1A employees, but employers must demonstrate ongoing compliance with managerial responsibilities.
L-1B Visa Duration and Extensions: The L-1B visa is granted for up to 5 years, with the possibility of extensions. However, the applicant must demonstrate that their specialized knowledge is essential for the U.S. business. USCIS has increasingly scrutinized L-1B petitions, so applicants must provide detailed documentation showing the uniqueness of their knowledge and the necessity of their role within the company.
Increased Scrutiny and Documentation Requirements: Both the L-1A and L-1B visa categories have experienced increased scrutiny, with USCIS requesting more detailed evidence and documentation to prove the applicant's qualifications and the relationship between the foreign and U.S. entities. Employers should be prepared to submit comprehensive information about the company structure, the employee's responsibilities, and how the U.S. business will benefit from the transfer.
L-1 Blanket Petitions: Multinational companies may be eligible for an L-1 Blanket Petition, which allows for the faster processing of L-1 visa applications for multiple employees. This program is particularly beneficial for larger companies that frequently transfer employees to the U.S.

O-Visa

O-Visa:
Individuals with Extraordinary Ability or Achievement

We assist individuals with extraordinary abilities in the fields of science, arts, education, business, athletics, and entertainment to secure an O-visa to work in the United States. The O-visa is designed for individuals who have demonstrated a high level of achievement and expertise in their respective fields. If you are an artist, athlete, scientist, or business leader recognized for your exceptional talents, the O-visa is the ideal route to legally work in the U.S. while continuing to pursue your career.

O-Visa Types:

O-1A Visa: For individuals with extraordinary ability in sciences, education, business, or athletics.
O-1B Visa: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
O-2 Visa: For essential support personnel accompanying O-1 visa holders in their artistic or athletic endeavors.
O-3 Visa: For spouses and children of O-1 and O-2 visa holders.

Eligibility Requirements: To qualify for the O-visa, the following conditions must be met:

The applicant must demonstrate extraordinary ability by providing evidence of sustained national or international acclaim.
The applicant must be coming to the U.S. to work in a role related to their area of extraordinary ability.
The applicant must have a U.S. employer or agent sponsoring their petition, who will outline the specifics of the role, duration of employment, and how the applicant’s expertise benefits the U.S.
The applicant must provide supporting documentation, such as awards, publications, media coverage, and letters of recommendation, to prove their extraordinary ability.

Recent O-Visa Updates:

Expanded Recognition of “Extraordinary Ability”: USCIS has become more flexible in its recognition of what constitutes "extraordinary ability" in recent years. While applicants must still meet high standards, there has been a broadening of accepted evidence, especially in industries like technology and digital media, where achievements may not always fit into traditional criteria.
O-1A and O-1B Criteria Clarifications: USCIS has provided further clarification about the differences between O-1A (for sciences, business, and athletics) and O-1B (for the arts and entertainment), especially regarding the level of achievement required in each field. Artists and entertainers must demonstrate their work has been recognized by peers, critics, or industry leaders, while those in the sciences or business must show their accomplishments have substantially impacted their industry.
Faster Processing and Premium Processing Availability: USCIS now offers Premium Processing for O-1 visa petitions, which allows for faster adjudication of the application, often within 15 calendar days. This expedited service is highly beneficial for applicants looking to begin their work in the U.S. as soon as possible.
Increased Scrutiny on Letters of Recommendation and Documentation: While the O-visa remains one of the more accessible work visas for those with extraordinary abilities, there has been an increased emphasis on the quality and specificity of supporting evidence, such as letters of recommendation. These letters must be from credible industry experts who can specifically address the applicant’s accomplishments and how they stand out within their field.
O-2 Visa for Support Personnel: Support personnel accompanying O-1 visa holders (such as personal managers, trainers, or assistants) can apply for the O-2 visa. The O-2 visa allows essential workers to join the O-1 holder during their U.S. employment, provided they have critical skills that are necessary for the success of the O-1 visa holder’s activities.

P-Visa

P-Visas:
Athletes and Entertainers

We assist individuals and groups in obtaining the P visa to work in the United States in the fields of entertainment, athletics, and arts. The P visa category is specifically designed for athletes, entertainers, artists, and cultural workers who are coming to the U.S. to perform, compete, or work as part of a group. Whether you're a professional athlete, a member of an artistic performance group, or a renowned entertainer, the P visa provides a pathway to legally work and share your talents in the United States.

P-Visa Types:

P-1A Visa: For internationally recognized athletes and athletic teams.
P-1B Visa: For internationally recognized entertainment groups and artists.
P-2 Visa: For artists or entertainers performing under reciprocal exchange programs.
P-3 Visa: For artists or entertainers coming to perform, teach, or coach as part of a culturally unique program.
P-4 Visa: For spouses and children of P-1, P-2, and P-3 visa holders.

Eligibility Requirements: To qualify for the P visa, the following conditions must be met:

P-1A Visa (Athletes): The applicant must be an internationally recognized athlete or part of an athletic team, and the performance or competition must be of a culturally unique or internationally significant nature. The applicant must provide evidence of the athlete's outstanding skills, such as major international tournaments or events.
P-1B Visa (Entertainment Groups): The applicant must be a member of an internationally recognized entertainment group with a proven record of outstanding performance and a substantial body of work. The group must have achieved national or international acclaim and have been performing for at least one year.
P-2 Visa (Artists and Entertainers under Exchange Programs): The applicant must be part of an international cultural exchange program, such as one between the U.S. and another country, where the individual or group performs or teaches.
P-3 Visa (Culturally Unique Artists and Entertainers): The applicant must be entering the U.S. to perform, teach, or coach as part of a culturally unique program, such as traditional or folk music, dance, or performance art.

Recent P-Visa Updates:

Expanded Recognition of "Culturally Unique Programs": The P-3 visa has seen some flexibility in terms of what qualifies as a "culturally unique" program. While this category was traditionally associated with more niche and ethnic performances, USCIS has broadened its interpretation to include various art forms, including modern and fusion genres that are still tied to cultural identity.
Group and Individual Applications: The P-1B visa for entertainment groups has become more streamlined for larger ensembles or crews, allowing for a more efficient application process when multiple individuals are coming to the U.S. as part of a performance group. It is crucial that each member of the group meets the same eligibility standards, especially regarding their recognition and expertise in the field.
Enhanced Scrutiny on Documentation: USCIS has increased its scrutiny on applications for all P visa categories. Applicants now need to provide more substantial documentation to prove their international recognition. For example, athletes must demonstrate their achievements in competitions or tournaments, while entertainers must submit records of past performances, awards, and media coverage.
P-2 Visa for Cultural Exchange Programs: The P-2 visa has gained attention for its use in cultural exchange programs. The U.S. government has emphasized the importance of maintaining the integrity of these programs, so artists and entertainers must ensure they are directly involved in structured and approved exchange activities that meet U.S. State Department requirements.
P-4 Visa for Family Members: Spouses and children of P-1, P-2, and P-3 visa holders are eligible for the P-4 visa, which allows them to accompany the primary visa holder to the U.S. However, the P-4 visa does not authorize the holder to work in the U.S. unless they apply for specific employment authorization.

Q-Visa

Q-Visa:
Cultural Exchange

e assist individuals seeking the Q visa to participate in cultural exchange programs in the United States. The Q visa is designed for individuals coming to the U.S. to engage in programs that promote cultural exchange, including those involving work, training, and learning in the U.S. The Q visa is an excellent option for individuals involved in cultural, educational, or professional exchange programs that allow for the sharing of ideas, traditions, and customs between the U.S. and other countries.

Q-Visa Overview:

The Q visa allows foreign nationals to enter the U.S. for up to 15 months as part of a cultural exchange program. The visa is typically granted to individuals working in the fields of arts, education, business, or social services, with a focus on sharing their culture and gaining U.S. experience.

Eligibility Requirements: To qualify for the Q visa, the following conditions must be met:

The applicant must be participating in an official cultural exchange program that promotes cultural understanding between the U.S. and the applicant’s home country.
The program must be sponsored by a U.S. organization that has received authorization from the U.S. Department of State to facilitate cultural exchange programs.
The applicant must be entering the U.S. to engage in activities such as training, teaching, or demonstrating their culture through work or experience-sharing.
The applicant must have at least one year of work experience or education related to their area of expertise or cultural practice.

Recent Q-Visa Updates:

Expansion of Cultural Exchange Program Types: The Q visa has become more inclusive in terms of the types of cultural exchange programs eligible for sponsorship. In addition to the traditional programs related to arts, dance, and education, newer programs have been developed in fields such as technology, culinary arts, and sustainable development, reflecting the growing global importance of cross-cultural exchange in various industries.
Stronger Focus on Cultural Promotion: USCIS has clarified that the primary purpose of the Q visa is to facilitate genuine cultural exchange. This means that applicants must demonstrate their active participation in promoting their home country's culture, traditions, or professional expertise in a way that benefits the U.S. community. Applicants need to show that their skills or culture are distinct and not widely represented in the U.S.
Employer Responsibilities for Sponsorship: U.S. employers seeking to sponsor a Q visa applicant must ensure that the cultural exchange program they offer is structured, educational, and mutually beneficial. This includes offering formal training or mentorship, as well as opportunities for the exchange of cultural knowledge. Recent updates have increased scrutiny of the program sponsors to ensure compliance with the objectives of the cultural exchange.
Extended Stay for Q Visa Holders: While the Q visa is typically valid for 15 months, recent policy changes have made it easier to request extensions if the program offers additional opportunities for cultural exchange or training. In some cases, the applicant may extend their stay for an additional year, depending on the terms of the program.
Q-2 Visa for Family Members: The Q visa allows the spouse and children (under the age of 21) of the primary Q visa holder to apply for a Q-2 visa. The Q-2 visa enables family members to accompany the applicant during their stay in the U.S., though they are not authorized to work unless they apply for specific employment authorization.

E-Visa

E-Visas:
Permanent Employees

The E visa category is designed for foreign nationals who wish to enter the U.S. for trade, investment, or employment based on their nationality. There are two main types of E visas: the E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa. These visas offer unique opportunities for entrepreneurs, employees, and investors to engage in business activities in the U.S., based on a trade or investment relationship between the U.S. and their home country.

E-Visa Types:

E-1 Treaty Trader Visa: For individuals or employees of companies engaged in substantial trade between the U.S. and their home country.
E-2 Treaty Investor Visa: For individuals or employees who are investing a significant amount of capital in a U.S. business or enterprise.
E-3 Visa: For Australian nationals in specialty occupations.
E-1 and E-2 Dependent Visas: For spouses and children of E-1 and E-2 visa holders.

Eligibility Requirements: To qualify for the E visa, the following conditions must be met:

E-1 Treaty Trader Visa:
- The applicant must be a citizen of a country that has a trade treaty with the U.S.
- The applicant or their company must be engaged in substantial international trade between the U.S. and their home country. This trade can include goods, services, and other transactions that demonstrate a significant volume of business.
- The applicant must be in a supervisory, executive, or essential skills role within the company, or in a role directly related to the trade activities.
E-2 Treaty Investor Visa:
- The applicant must be a citizen of a country that has a treaty with the U.S. allowing for investment.
- The applicant must be investing a substantial amount of capital in a U.S.-based business, and this investment must be at risk in a commercial enterprise.
- The business must be a real, active, and operational enterprise, and the applicant must demonstrate the ability to develop and direct the business.

Recent E-Visa Updates:

Increased Scrutiny on "Substantial Trade": USCIS has been placing more focus on ensuring that trade activities for E-1 visa applicants are “substantial” and ongoing. This means companies must demonstrate consistent and meaningful trade activities, such as regular international shipments or a continuous flow of services between the U.S. and the home country.
Definition of "Substantial Investment" for E-2 Visa: There has been a more detailed focus on what constitutes a “substantial” investment for the E-2 visa. While no specific amount is required, recent guidelines indicate that the investment must be enough to ensure the successful operation of the business. Generally, investments of $100,000 or more are often seen as sufficient, though smaller investments can qualify if the business can prove its viability.
E-1 and E-2 Visa Duration and Extensions: E-1 and E-2 visas are generally granted for two years, but applicants can request extensions indefinitely, provided the trade or investment activity remains substantial and the visa holder maintains the necessary role in the business. USCIS has streamlined the extension process for these visas, making it easier for business owners and employees to continue operating in the U.S.
E-2 Visa for Entrepreneurs: The E-2 visa has seen a boost in popularity as more entrepreneurs seek to start or buy businesses in the U.S. The USCIS has increasingly supported visa applications from foreign nationals seeking to establish new enterprises in growing industries such as technology, retail, and hospitality.
E-3 Visa for Australian Nationals: The E-3 visa allows Australian nationals to work in specialty occupations in the U.S. This visa has become a popular option for skilled workers, particularly in the technology, engineering, and scientific sectors. The application process for E-3 visa holders is generally quicker and requires fewer documentation than other work visa options.
Family Members of E-Visa Holders: The spouses and children (under 21) of E-1 and E-2 visa holders can accompany the visa holder to the U.S. under E-1 and E-2 dependent visas. Spouses can also apply for work authorization once in the U.S. However, children are not permitted to work but can study in the U.S.

STEM Pathways

We are committed to supporting international talent in the fields of Science, Technology, Engineering, and Mathematics (STEM). As the demand for skilled professionals in these sectors continues to grow, we guide foreign nationals through the U.S. immigration pathways available to those pursuing careers in STEM fields. Whether you're an international student, recent graduate, or experienced professional, there are specific immigration options available to help you achieve your goals in the U.S.

STEM Pathways Overview: The U.S. offers a variety of immigration pathways for individuals in STEM fields, from student visas to work visas and beyond. These pathways are designed to encourage innovation and the development of cutting-edge technologies in sectors that drive global progress. At The Mays Law Firm, PLLC, we help guide STEM professionals through these options, ensuring that they can legally live, study, and work in the U.S.

Key STEM Pathways:

F-1 Visa for STEM Students:
- If you're an international student pursuing a degree in a STEM field, the F-1 visa is your pathway to study in the U.S. After completing your program, you may also be eligible for optional practical training (OPT) or the STEM OPT extension.
STEM OPT Extension:
- If you graduate with a degree in a STEM field, you can apply for an additional 24-month OPT extension beyond the standard 12-month period. This extension allows you to work in the U.S. for up to 36 months in a role directly related to your field of study.
H-1B Visa for STEM Workers:
- The H-1B visa is one of the most common work visas for foreign nationals working in specialty occupations, including those in STEM. H-1B applicants with a STEM background may have a higher chance of being selected due to the demand for technical talent. The H-1B visa is typically granted for 3 years, with the possibility of an extension.
O-1 Visa for Individuals with Extraordinary Ability:
- The O-1 visa is for individuals with extraordinary ability in their field, including those working in STEM fields. If you can demonstrate that you have achieved significant recognition in your field of expertise, the O-1 visa allows you to live and work in the U.S. on a temporary basis.
EB-2 National Interest Waiver (NIW):
- If you are a highly skilled STEM professional with advanced degrees or exceptional abilities, you may be eligible for the EB-2 green card under the National Interest Waiver (NIW). This allows you to bypass the need for employer sponsorship if you can demonstrate that your work benefits the U.S. in a significant way.
EB-3 Visa for Skilled Workers:
- The EB-3 visa is an employment-based immigrant visa for professionals, skilled workers, and other workers. If you have a degree or experience in a STEM field and an employer in the U.S. is willing to sponsor you, the EB-3 visa provides a pathway to permanent residency.

Recent Updates and Opportunities for STEM Professionals:

Increased STEM OPT Cap for Graduates: The STEM OPT extension has become a critical tool for U.S. employers seeking to hire foreign talent in fields like engineering, information technology, and data science. The recent increase in the number of eligible STEM fields and the extended period of the STEM OPT has expanded opportunities for international students seeking to remain in the U.S. after graduation.
Changes to H-1B Cap for STEM Workers: The H-1B visa remains highly competitive, but there have been recent updates aimed at increasing the number of STEM workers admitted under the program. The U.S. government has made changes to how H-1B petitions are processed, and STEM employers may benefit from new rules regarding degree requirements and job classification flexibility.
Green Card Pathways for STEM Professionals: Professionals in STEM fields may benefit from more streamlined pathways to permanent residency (green cards) through programs such as the EB-2 National Interest Waiver and EB-3 visas. The U.S. government has shown increasing support for STEM talent and has made efforts to simplify the green card process for those in critical fields such as tech and healthcare.
Convergence of STEM Fields and Emerging Technologies: As new fields like artificial intelligence (AI), biotechnology, and clean energy continue to emerge, there are more opportunities for STEM professionals to advance their careers in the U.S. The government is increasingly prioritizing talent that drives innovation in these cutting-edge areas, and there are more immigration pathways and funding available for STEM entrepreneurs and researchers.

Immigration Services for Entrepreneurs

U.S. Immigration Services for Entrepreneurs

EB-1A: Extraordinary Ability Visa

The EB-1A visa is designed for individuals with extraordinary ability in fields such as business, science, technology, or entrepreneurship. If you have achieved national or international recognition for your accomplishments, the EB-1A offers a pathway to permanent residency without the need for a job offer or labor certification.

Our team will help you gather the necessary evidence to demonstrate your exceptional skills, achievements, and impact on your industry. This visa is an excellent option for entrepreneurs who are leaders in their field and want to bring their expertise to the U.S.

EB-2: Advanced Degree or Exceptional Ability Visa

The EB-2 visa is available to entrepreneurs who hold advanced degrees or possess exceptional ability in their field. This visa category is ideal for those with specialized knowledge or expertise in business, technology, or other professional fields.

If you're an entrepreneur with a proven track record of success and you’re looking to expand your business in the U.S., the EB-2 visa could be the ideal pathway. We’ll work with you to determine your eligibility and assist you in presenting a strong application to U.S. immigration authorities.

EB-5: Immigrant Investor Program

The EB-5 visa offers entrepreneurs an opportunity to obtain U.S. permanent residency by making a qualifying investment in a U.S. business. This visa is intended for those who are willing to invest substantial capital—typically $1 million or $500,000 in a targeted employment area—in exchange for job creation and economic growth in the U.S.

Student and Exchange Visitors

U.S. Immigration Services for Students and Exchange Visitors

The United States is home to some of the world’s most prestigious educational institutions and research opportunities. As a student or exchange visitor, the path to studying, conducting research, or participating in exchange programs in the U.S. can be life-changing. Our immigration attorneys are here to provide clear guidance and support, helping you navigate the U.S. visa process and maximize your opportunities during your time in the U.S.

We offer expert legal services for international students, scholars, and exchange visitors to ensure that you have the necessary immigration status to pursue your academic and professional goals.

F-1 Student Visa: Study in the U.S.

The F-1 Student Visa is the most common visa for individuals wishing to pursue academic studies in the United States. Whether you're enrolling in a college, university, or language program, the F-1 visa allows you to study full-time while residing in the U.S.

Our experienced team will help guide you through the application process, ensuring that you meet the requirements, including maintaining full-time enrollment and fulfilling visa regulations. We’ll also assist you with important aspects like extending your stay, transferring schools, or changing your program.

M-1 Student Visa: Vocational or Non-Academic Studies

If you're looking to attend a vocational or non-academic program in the U.S., the M-1 Visa may be the right choice for you. This visa allows you to enroll in technical or non-degree programs, such as those focused on mechanics, design, or culinary arts.

We provide personalized assistance to help you understand the requirements and ensure your application process is seamless, allowing you to focus on your education and training in the U.S.

Exchange Visitors (J-1 Visa)

The J-1 Visa is for individuals participating in exchange visitor programs in the U.S. Whether you are a scholar, intern, trainee, teacher, researcher, or au pair, the J-1 Visa offers the opportunity to gain valuable cultural and professional experience.

We help facilitate the application process for J-1 Visa holders, providing support for program sponsorship, compliance with visa regulations, and extensions. Our team will also assist you with options for changing your program or status while in the U.S.

Conrad 30 Program: Waiver of the Two-Year Home Residency Requirement

The Conrad 30 Program is designed for foreign medical professionals who wish to work in underserved areas of the United States. If you are a medical doctor on a J-1 Visa and are seeking to waive the two-year home residency requirement, the Conrad 30 Program may offer an opportunity to stay in the U.S. and practice medicine in areas with critical healthcare shortages.

We guide physicians through the Conrad 30 application process, ensuring all requirements are met, and you have a clear path to remaining in the U.S. to serve communities in need.

Curricular Practical Training (CPT)

Curricular Practical Training (CPT) allows F-1 students to gain practical work experience directly related to their academic field while still enrolled in school. CPT can be done during your studies, either part-time or full-time, depending on your program’s structure.

Our team helps ensure that you comply with all CPT regulations, providing guidance on securing eligible internships and employment, and ensuring that your training experience contributes to your academic program and future career goals.

Optional Practical Training (OPT): Pre-Completion and Post-Completion

Optional Practical Training (OPT) provides F-1 students with the opportunity to work in the U.S. after completing their studies, gaining valuable work experience in their field of study. OPT can be pursued both pre-completion (while still enrolled in school) or post-completion (after graduation).

We assist students with the OPT application process, ensuring timely submissions and understanding the key requirements. Whether you are planning to work during your studies or after graduation, we help you navigate the complexities of OPT to maximize your work opportunities.

STEM OPT Extension: Expanding Opportunities for Science, Technology, Engineering, and Mathematics Graduates

If you’ve completed a degree in a Science, Technology, Engineering, or Mathematics (STEM) field, the STEM OPT extension allows you to work in the U.S. for an additional 24 months after your initial 12-month OPT period. This extension provides a unique opportunity for international students to gain extended professional experience in high-demand industries.

Temporary Visitors for Business

U.S. Immigration Services for Temporary Visitors for Business

For business professionals, the United States offers numerous opportunities to engage in important meetings, negotiations, conferences, and market research. Whether you are attending a business event, exploring partnerships, or conducting professional activities in the U.S., our immigration attorneys are here to guide you through the process and ensure that your entry into the U.S. is seamless and compliant with all requirements.

We specialize in providing legal assistance to individuals seeking temporary business visas, ensuring that you can focus on your business objectives while we handle the complexities of the visa process.

B-1 Temporary Business Visitor Visa

The B-1 Temporary Business Visitor Visa is the most common visa for foreign nationals coming to the U.S. for short-term business activities. With this visa, you can attend meetings, conferences, negotiate contracts, or engage in other business-related activities without engaging in actual employment or receiving payment from U.S. sources.

Our team will help you navigate the B-1 application process, ensuring that you meet the eligibility requirements and submit all necessary documentation. Whether you are planning to visit the U.S. for a few weeks or a few months, we will ensure your business visit is smooth and compliant with U.S. immigration laws.

GB Temporary Business Visitor to Guam

The GB Temporary Business Visitor Visa is specifically for individuals seeking to enter Guam for short-term business purposes. This visa is tailored for professionals attending business meetings, conferences, or conducting market research in Guam, a U.S. territory in the Pacific.

Our legal team can assist with the application process for the GB visa, ensuring that your business activities are aligned with the visa’s specific requirements for Guam. We’ll guide you through every step of the application to make sure your visit to Guam is successful and in full compliance with U.S. immigration policies.

WB Temporary Business Visitor Under Visa Waiver Program (VWP)

The WB Visa is available for business visitors who are eligible to enter the U.S. under the Visa Waiver Program (VWP). This program allows citizens from select countries to travel to the U.S. for business purposes for up to 90 days without the need to apply for a traditional visa. The WB Visa is ideal for short-term business trips, such as attending meetings, conferences, or negotiating contracts.

Our team can help you determine if you qualify for the VWP and ensure that you meet all necessary requirements to enter the U.S. under the WB classification. We’ll also assist you with the ESTA (Electronic System for Travel Authorization) application process and provide advice on maintaining compliance during your stay.

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