Chicago Business Immigration Lawyer
Are you relocating to the U.S. for work? If you are interested in coming to the U.S. based on your employment, finding the right visa or green card option for your case is essential to a seamless transition.
Multiple visa options and paths to citizenship are available to foreign workers whose contributions benefit the U.S. economy.
Whether you’re looking to enter the U.S. to start a business, have specialized skills in demand in the U.S., or need to transfer a foreign-based employee to a U.S. office, the Chicago business immigration lawyers at Cho Immigration Law can help. With nearly 30 years of experience, our law firm has the knowledge and skill to help you reach your immigration goals.
Contact a Chicago business immigration attorney at Cho Immigration Law to start your journey to citizenship.
Call (312) 853-3088
Why Work With a Business Immigration Lawyer?
The U.S. immigration system is one of the most complicated in the world. Applications are often delayed, requests for evidence (RFEs) are common, and small errors can result in denials. A business immigration lawyer provides critical advantages:
- Strategic guidance on choosing the right visa category.
- Preparation and review of forms, petitions, and supporting evidence.
- Representation before USCIS and other government agencies.
- Advice for employers to remain compliant with Department of Labor (DOL) and Department of Homeland Security (DHS) requirements.
At Cho Immigration Law, we work with multinational companies, startups, universities, health care providers, and individual professionals to build strong immigration strategies.
Obtaining Immigrant Visas for Permanent Workers
Each fiscal year, more than 140,000 immigrant visas are available to foreign workers (and their spouses and children) who wish to live and work in the United States permanently, based on their education, work experience, and job skills. Obtaining an immigrant visa for a permanent worker can be challenging, however – especially if you aren’t working with an experienced work visa attorney.
If you are a foreign worker who wants to obtain an employment-based immigrant visa and move to the United States, or you have a temporary work visa like an H -1B visa, but you’d like to make your stay permanent, you’ll need to meet various requirements set forth by USCIS. You will also need to submit various documents to demonstrate your eligibility, and you’ll need to meet strict deadlines.
If you’re an employer who is interested in hiring a foreign worker for a permanent position, or you have a foreign worker at your business who has a temporary work visa (non-immigrant business visa) and is interested in permanent residency, you must sponsor the worker for an immigrant visa. In addition to obtaining a Labor Certification from the Department of Labor (DOL), you’ll also need to file the certification and form I-140 Immigrant Petition for Alien Workers with USCIS.
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What Are Permanent Worker Visa Preference Categories?
Five categories of immigrant visas are available to foreign workers who want to relocate to, or remain in, the United States permanently. Each category is intended for people with certain skills or those who work in specific occupations. Eligibility guidelines vary, depending on the type of visa. In most cases, wait times are shorter for higher preference categories. Because of quotas, some workers from certain countries and those in low-preference categories may wait years for processing of their immigrant visas to be complete.
Foreign nationals who specialize in a qualified field or are investing in a business within the U.S. may have a variety of visa options at their disposal. Business immigration lawyer Bonita B. Hwang Cho can help you determine what visa category to apply for.
This preference is designated for foreign nationals demonstrating extraordinary ability in specific fields, those who are outstanding professors or researchers, and executives with multinational responsibilities. Labor Certification is not generally required for people in this category.
EB-2 visas are reserved for workers who hold advanced degrees or equivalent experience, and those who demonstrate exceptional ability in the arts, sciences, or business. Unless the applicant obtains a National Interest Waiver, a Labor Certification is usually required for workers in this category.
Skilled workers, professionals, certain unskilled workers, and other workers who will be performing work for which there are no qualified willing workers in the United States may qualify for the EB-3 visa. A full-time job offer and Labor Certification are required for EB-3 visas.
EB-4 visas are reserved for people who are considered “special immigrants.” This includes some religious workers, retired employees of international organizations, employees of U.S. foreign service posts, minors who are wards of the court in the U.S., and some other workers. No Labor Certification is required.
Business investors who invest at least $1.8 million in an enterprise that employs 10 or more full-time U.S. workers, and those who invest at least $900,000 in certain targeted employment areas, may be eligible for the EB-5 Fifth Preference visa. Labor Certifications are not required for this category.
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Transitioning From Non-Immigrant to Immigrant Status
Many clients first enter the U.S. on a temporary work visa and later seek permanent residency. For example:
- An H-1B specialty worker may qualify for EB-2 or EB-3 sponsorship.
- An L-1 multinational executive might be eligible for EB-1C.
- An O-1 visa holder with extraordinary ability may transition to EB-1A.
Our attorneys ensure the transition is seamless, avoiding gaps in work authorization that could jeopardize careers or business operations.
Business Immigration for Employers in Chicago
Chicago is home to global corporations, universities, tech startups, and medical institutions that rely on foreign talent. Employers often need legal help to:
- Sponsor workers for H-1B, TN, or L-1 visas.
- Navigate prevailing wage determinations and PERM labor certifications.
- Maintain compliance with I-9 verification and recordkeeping requirements.
- Plan long-term immigration strategies for executive teams.
Failure to follow proper procedures can expose employers to government audits and penalties. Working with an experienced immigration lawyer reduces risk and ensures businesses remain compliant.
Business Immigration for Entrepreneurs and Investors
Foreign entrepreneurs contribute significantly to the Illinois economy. Chicago has become a hub for innovation, and foreign investors frequently turn to EB-5 and other visas to launch or expand businesses.
Options include:
- E-2 Treaty Investor visas for nationals of treaty countries.
- EB-5 immigrant investor visas for those meeting investment and job creation requirements.
- L-1 visas for entrepreneurs expanding foreign companies into the U.S.
Our firm provides guidance on structuring investments, preparing business plans, and meeting all USCIS documentation requirements.
FAQs About Business Immigration in the United States
Can Foreign Entrepreneurs Start U.S. Businesses?
Foreign nationals can start and maintain U.S. based businesses. However, they must have a valid business visa to travel to the United States and work within the business if they do not intend to relocate permanently. There are a variety of types of visas available for foreign entrepreneurs seeking to achieve this goal. The specific type of visa you need will depend on the type of business you’re starting and the nature of the work you will do. A Chicago immigration lawyer can look over the details of your case to determine how to proceed.
Can U.S. Companies Sponsor Foreign Workers for Green Cards?
U.S. companies can sponsor green cards for current and potential employees as long as they meet the guidelines enforced by USCIS. The path to a green card that a foreign worker should take will depend on the worker’s qualifications and the nature of the work performed. The most common types of employer-sponsored green cards include EB-1, EB-2, EB-3, and Other Worker classifications.
Can I get a green card if I open a business?
Through the EB-5 program, foreign investors are able to pursue lawful permanent residence in the U.S. These applicants need to prove that their business will make the necessary investment in a commercial enterprise in the United States and will create 10 permanent full-time jobs for qualified U.S. workers.
How Long Does It Take to Get a Business Immigration Visa?
Processing times vary by visa category, country of origin, and case volume. Some cases take only a few months, while others may take years due to annual caps. An attorney can estimate realistic timelines based on your situation.
What Happens if My Petition Is Denied?
If USCIS denies your petition, you may be able to file a motion to reopen, appeal, or refile with stronger evidence. Having a lawyer involved early reduces the risk of denial.
Do Business Immigration Visas Lead to U.S. Citizenship?
Yes. Many business visas provide a pathway to a green card, which, after several years of lawful permanent residency, may make you eligible to apply for U.S. citizenship.