The Solution To Visa Problems...
L-1 Intracompany Transferee
Opening New Business / Transferring to Existing Business
Transferee must:
1. Be employed in executive or managerial
position, or have specialized knowledge.
2. Have held that position for one continuous year in the last
three years.
3. Be transferring to U.S. to open new office, or fill executive
specialized position in existing office.
4. Supervise subordinate managers.
5. Be a bonafide non-immigrant
Overseas Company must:
1. Be currently and continue to be engaged
in regular systematic & continuous provisions of goods / services
2. Be in business for at least 12 months
3. Be employing transferee in executive / managerial position
supervising subordinate managers, or be employing transferee in
specialized function in that business.
4. Provide current financial statements
5. Provide evidence of recent business conducted
6. Provide evidence of staff employed, recommended at least four
full-time workers.
7. Provide management & personnel structure.
U.S Corporation must:
1. Be a legal entity registered to conduct
business in the U.S
2. Have identical structure, owned or controlled in the majority
be foreign corporation
3. Be intending to employ U.S workers in managerial and subordinate
positions
4. Be registered with Internal Revenue Services for tax purposes.
5. Have lease securing physical premises to house U.S entity.
6. Have opened U.S corporate bank account - New offices must have
sufficient funds to initiate start-up.
7. Have a U.S corporation Income Tax - Applies to existing offices
one year or more
8. Have financial projections for at least first year of trading
- Applies to new offices
Number of Years L1A Visa Available - 7 Years Maximum.
E-2 Treaty Investor
Entrepreneur Investing in a United States Enterprise
Foreign Individual must:
1. Be a national of a treaty country
2. Be making a substantial investment
3. Have funds personally at risk
4. Show control of funds into U.S
5. Have committed funds to the investment
6. Be investing in a real operating enterprise
7. Be coming to the U.S solely to develop and direct the investment
8. Be supervising subordinate managers
9. Be a bonafide non-immigrant
United States Corporation must:
1. Be a legal entity registered to conduct
business in the U.S
2. Be owned y foreign individual from treaty visa country
3. Be a business enterprise requiring U.S workers in addition
to the investor to operate
4. Have a capacity to generate significantly more income than
just providing a living for the investor
5. Have lease or deed securing physical premises to house U.S
entity - Private residence cannot be used as business location
6. Can be an existing or new start up business - Must have sufficient
funds to initiate start-up
7. Have a business plan and financial projections
8. Provide management and personnel structure
9. Investment funds must be available in advance and must be secured
in an escrow account
Normally Visas will initially be issued for 2 or 5 years depending
on the size and type of business.
E-1 Treaty Investor
International Trade Between United States and Foreign Countries
1. Alien is entering the United States
for an indefinite time, based upon treaty of friendship, commerce
and navigation or Bilateral Investment Treaty or other arrangements
between the United States and country of which the alien is a
national
2. The person is entering solely to carry on substantial trade
which is international in scope principally between the United
States and the foreign country of which the alien is a national.
3. Principal employer and key employee are nationals of treaty
country and enterprise or organization is 50% or more owned by
treaty national.
Substantial Trade:
1. Trade is a defined as the international
exchange of items of trade for consideration between the United
States and the treaty country. Domestic trade is not counted in
determining trade.
2. Trade must be principally with treaty country.
3. More than 50% of total volume of international trade must be
between United States and treaty country
4. The amount of trade cannot be based on a single transaction,
regardless of how protracted or monetarily valuable
5. Volume of exchanges is given more weight than the value of
the exchanges
6. For smaller businesses, income derived from the value of numerous
transactions which is sufficient to support trader and their family
constitutes a favorable factor in assessing existence of substantial
trade.
Nationally of Corporation:
1. At least 50% of stock owned by national
of treaty country permits joint venture
2. Nationals owning stock who are not resident abroad must also
be "E" status.
3. If employer is not a corporation, but an individual, must maintain
"E" status.
Employees:
1. Employee can be a new hire and need
not have worked for the company previously.
H-1B Specialty Occupation
Occupation Requiring a Degree
Employer
The following criteria are required:
1. The employer seeking the services of
H-1B employee must be a U.S employer. A U.S employer is a person,
firm, or corporation in the United States with an Internal Revenue
Service tax identification number.
2. The employer must have documentation that the job to be filled
by the H-1B employee involves a specialty occupation, requiring
a bachelors of higher degree to enter the field.
3. As a prerequisite to obtaining the services of an H-1B employee,
the U.S employer must file a Labor Condition Application (LCA)
with the Department of Labor.
4. The employer must maintain a Public Inspection File.
5. The employer must attest that it will pay its H-1B employees
within 95% of the prevailing wage rate and will offer prevailing
working conditions to these employees.
6. Prior to the H-1B employee commencing employment, the employer
must obtain approval of a non-immigrant work petition from the
INS.
H-1B Employee
The following criteria are required:
1. The employee must have a job offer from
a U.S employer. A U.S employer is a person, firm, or corporation
in the United States with an Internal Revenue Service tax identification
number.
2. The employee must have a U.S Bachelor or higher degree. If
the worker has a foreign degree, that degree must be evaluated
by a recognized degree evaluation service.
3. The employee lacking a U.S degree or equivalent must have 3
years of specialized training or work experience for each year
of college-level education that they lack towards that degree
required for that field.
4. The employee must intend to remain in the U.S temporarily,
for no longer that the term of the visa. H-1B visas are issued
in 3 year increments up to a maximum of 6 years.
5. The employee must reside abroad for 1 year after expiration
of his/her visa, before applying for another H-1B visa.
Visa issued for three years, limited to
a total of six years.
"O" Visa
People with Extraordinary Skills
The "O" category is set-aside
for aliens of extraordinary ability in the sciences, arts, education,
business, or athletics, certain aliens accompanying or assisting
those aliens, and their family members.
"O" Visa Criteria:
1. It is for an alien who has extraordinary
ability in the sciences, arts, education, business, or athletics
which has been demonstrated be sustained national or international
acclaim or, with regard to motion picture and television productions
a demonstrated record of extraordinary achievement and whose achievements
have been recognized in the field through extensive documentation,
and seeks to enter the United States to continue work in the area
of extraordinary ability.
Or
2. Seeks to enter the United States temporarily
and solely for the purpose of accompanying and assisting in the
artistic or athletic performance by an alien who is admitted under
the above for a specific event or events. Must be an integral
part of such actual performance and have critical skills and experience
with such alien which are not of a general nature and which cannot
be performed by other individuals.
Or
3. In the case of a motion picture or television
production, has skills and experience with such alien which are
not of a general nature and which are critical either based on
a pre-existing long-standing working relationship or, with respect
to the specific production, because significant production (including
pre and post production work) will take place both inside and
outside the United States and the continuing participation of
the alien is essential to the successful completion of the production.
And
4. Has a foreign residence which the alien
has no intention of abandoning
Or
5. Is the alien spouse or child from and
alien described above and is accompanying, or following to join,
the alien.
EB-5 Entrepreneur Visa
Entrepreneur Investing $1,000,000+ in a United States Enterprise
and Employing 10+ U.S Workers.
The Investor must:
1. Show control and have paperwork relating
to movement of funds into the U.S
2. Have a U.S corporation legally registered to conduct business
in the U.S
3. Have committed funds to the investment
4. Be employing or proposing to employ at least 10+ U.S workers
5. Be investing in an operating enterprise or setting up new business
6. Be registered with Internal Revenue Service for tax purposes
7. Have receipts for all capital expenses
8. Have deed securing physical premises to house U.S entity
9. Produce a business plan
10. Have opened a U.S corporate bank account
11. Produce a personal assets statement
12. Have Financial Projections for first year of trading
13. Provide management and personnel structure
14. Be a bonafide non-immigrant[back to
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