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L-1 Intracompany Transferee
Opening New Business / Transferring to Existing
Business
E-2 Treaty Investor
Entrepreneur Investing in a United States
Enterprise
E-1 Treaty Investor
International
Trade Between United States and Foreign Countries
H-1B Specialty Occupation
Occupation
Requiring a Degree
"O" Visa
People with
Extraordinary Skills
EB-5 Entrepreneur Visa
Entrepreneur
Investing $1,000,000+ in a United States Enterprise and Employing 10+
U.S Workers.
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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.
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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
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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
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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.
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"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.
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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
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