Our law firm assists foreign companies doing business in the United States, with advice during various stages, including business transaction matters, and all aspects of immigration laws, which will lead to success. In Intercontinental Law Firm, P.A. we also help individual clients to immigrate to the United States, either because they need a nonimmigrant visa (work visa) or based on a family or employment petition, or because they wish to become a citizen American. Attorney Lorraine E. Pérez deals with each case individually and is personally involved in each stage of the process.
Below we briefly explain each of our service areas, please click on the tab of the topic that is of most interest:
New Business
First, it is important to determine the state in which the client will form their business. All corporations regardless of the state where they are incorporated could operate in any other state after obtaining a permit to conduct business in the state where you prefer.
All corporations must submit an annual report to keep the company active.
Basically, there are several types of legal entities, the most used are the Corporation (Corp., Inc., Etc.) and the Limited Liability Company (LLC), and both offer protection against third party claims and litigation.
• Corporations:
The most common way of doing business is through the formation of a corporation. The main characteristic of a corporation is that the corp. is considered a separate entity from its owners (“the shareholders”), and the shareholders are generally not personally responsible for the liabilities of the corporation.
A corporation may be owned by a single owner, which can be a foreign business entity or a foreign person.
• Limited Liability Companies:
In the limited liability company (LLC), unlike the corporation, each member contributes in exchange for its membership, and shall be liable for debts and obligations of the LLC only by the percentage of its contribution, as well as its economic loss will be limited the percentage of capital invested in the LLC.
Licenses
The occupational license (Local Business Tax Receipt in Miami-Dade County, Florida) or zoning permission is obtained from the offices of the county depending on the region or city where the business is located.
State license or certification should be sought depending on the type of profession or activity to develop.
Businesses subject to licensing, among others, are:
-Transportation and public-load
-Financial Products & Services
-Tobacco, alcohol, and firearms
-Imports of foods and drugs
Trademark Registration
A trademark is a distinctive sign that identifies certain goods or services, which have been produced or provided by a person or enterprise. The registration system helps consumers identify and purchase a product or service that, by their nature and quality, indicated by its unique brand, is suited to their needs.
The mark may include a word, slogan, symbol, or combination of all which are used in trade and whose intention is to use it to be distinguished from one manufacturer to another or seller and identifying the source of the product. A service mark is a word, name, symbol, tool or combination that is used to distinguish the service provider to another and indicates the source of it.
There are mainly three ways to apply for a trademark in the U.S.:
• With “Intention to Use”
• “Actual use” or
• In connection with a request or registration abroad.
A federal trademark registration carries several benefits and protection under the law. Most importantly, a federal registration constitutes constructive notice of the registrant’s claim of ownership, and the owner of a federal registration may file an infringement lawsuit in federal court and seek injunctive relief, triple damages and attorney’s fees, as well as, other remedies. Additionally, a registrant has the right to request U.S. Customs officials to seize imported goods bearing an infringing trademark.
Franchise
Franchising is a method of expansion in the market using the triumph of a licensor (franchisor) business successful, who wants to expand its distribution of products and services through resale entities belonging to independent operators, using marks or registered service, technical controls on advertising and expansion provided in exchange for payment.
Our firm provides representation to a franchisee in managing a franchise transaction from conception through conclusion.
BUSINESS IMMIGRATION SERVICES FOR EMPLOYERS AND EMPLOYEES
Our immigration practice is dedicated to advising foreign-based companies and their executives or managers regarding all aspects of business immigration matters.
Non-Immigrant Visas (Work Visas)
There are several classifications of non-immigrant’s visas, among the most common ones, are the following:
a. Extraordinary ability or achievement (O Visa): This category of visa applies to persons who possess extraordinary abilities in the sciences, arts, education, business and sports, or extraordinary achievement in the motion picture or television fields, demonstrated by sustained national or international acclaim to work in their field of expertise.
b. Executives and Managers (L-1A Visa): This category of visa applies to employees in a high-level executive or managerial capacity in a foreign company, to be transferred to establish a subsidiary or branch in the United States.
c. Treaty Investors (Visa E-2): This category of visa applies to persons from countries maintaining a bilateral trade agreement with the United States. The applicant for this visa needs to travel to the United States to carry out a business or to develop or direct the operations of a company in which the person has invested or is actively in the process of investing, an important capital.
d. Specialty occupation (Visa H-1B): This category of visa applies to professional workers who are employed by U.S. companies in specialty occupations. Part of the approval process conducted by the Immigration Service for this visa requires that the prospective employer submits a labor condition application to the U.S. Department of Labor. This category of visa has limited quotas.
FAMILY IMMIGRATION SERVICES FOR US CITIZENS, PERMANENT RESIDENTS AND FOREIGN NATIONALS
Immigrant Visas (Family Petitions)
FAMILY IMMIGRATION SERVICES FOR US CITIZENS, PERMANENT RESIDENTS AND FOREIGN NATIONALS
Immigrant Visas (Family Petitions)
The Immigration and Nationality Act allows the immigration of aliens to the United States based on certain bonds of kinship to a U.S. citizen or legal resident in the United States.
These visas are divided into two groups:
Unlimited and numerically limited.
a. Visas not limited:
-Spouse and children under 21 years of the petitioner U.S. citizen;
-Father-mother of the petitioner U.S. citizen.
b. Numerically limited visas:
In some of the categories of visas through a familiar U.S. citizen, the Immigration Act of the United States numerically limits the emission each year.
These categories are:
-Unmarried Children over 21 years (the first category-1st)
-Sons and daughters-married (third-3rd category) and
-Brothers and Sisters (fourth-4th category).
In the category of visas through a family permanent resident, the Immigration Act of the United States numerically limited the emission each year.
These categories are:
-Spouses and children under 21 years (second category-2a)
-Unmarried children over 21 years (second category-2b).
Immigrant Visas (Employment-Based):
Each immigration fiscal year (October 1 to September 30), approximately 140,000 employment-based immigrant visas to the United States are made available to qualified applicants pursuant to the provisions of U.S. immigration law. Employment-based immigrant visas are divided into five preferential categories.
To be considered for an immigrant visa under some of the employment categories below, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Upon receipt of approval (if labor certification is required), the employer files an Immigrant Petition for Alien Workers (Form I-140) with the USCIS for the appropriate employment-based preference category. (NOTE: people with extraordinary abilities in the 1st preference category can submit their own petition).
Employment First Preference (E1): People with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives.
Second Employment Preference (E2): Professionals with advanced degrees and individuals with exceptional abilities.
Third Employment Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
Fourth Employment Preference (E4): Certain Special Immigrants.
Fifth Employment Preference (E5): Immigrant Investors. (Labor certification is not required for immigrant investors.)
Naturalization
According to the fourteenth amendment of the Constitution of the United States, all persons born or naturalized in the United States are citizens of the United States.
Most people become citizens of the United States for one of these ways:
-On-birth in the territory of the United States or U.S. citizen parents, or
-On-naturalization.
Naturalization is the process by which the United States citizenship is granted to a foreign citizen or national after the person meets the requirements set by Congress in the Immigration and Nationality Act (INA). The general requirements for naturalization include:
– A period of residence and physical presence in the United States;
– Ability to read, write and speak English;
– Knowledge and understanding of U.S. history and government;
– Good moral character; and
– Compliance with the principles of the Constitution of the United States.
All applicants for naturalization must demonstrate good moral character, among other requirements. Some of the requirements for naturalization may be amended or are exempt, such as for spouses of American Citizens.