Our expertise and extensive experience can assist our clients in navigating complex U.S. immigration laws and policies. Consulting with an experienced immigration attorney with credible results in this space is often necessary to understand specific requirements and options. U.S. immigration policies and procedures can change, so staying informed about current laws and regulations is important.
U.S. business immigration laws and policies cover entrepreneurs, investors, entertainers, sportsmen and women, and skilled professionals seeking to leverage business opportunities or contribute their expertise to the United States economy. U.S. immigration laws and policies have varying visas and permit options for business immigration that can lead to permanent residency in the United States. Some of the key and common pathways include:
1. EB-5 Immigrant Investor Program
- Purpose: To attract foreign investors who will create jobs and stimulate the U.S. economy.
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Requirements:
- Invest $1.05 million in a new commercial enterprise (or $800,000 in a targeted employment area).
- Create or preserve at least 10 full-time jobs for U.S. workers.
- Benefits: Leads to U.S. permanent residency (green card) for the investor and their immediate family.
2. E-2 Treaty Investor Visa
- Purpose: For individuals from countries that have a treaty with the U.S., who wish to invest in and manage a U.S. business.
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Requirements:
- Make a substantial investment in a U.S. business.
- Be involved in the operation of the business.
- The investor must be from a treaty country.
- Benefits: Allows the investor to live and work in the U.S. as long as the business is operational, and the investment is maintained. No direct path to a green card but can be renewed indefinitely.
3. L-1 Intracompany Transferee Visa
- Purpose: For employees of multinational companies who are being transferred to a U.S. office.
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Requirements:
- The employee must have worked for the company abroad for at least one year in the past three years in a managerial, executive, or specialized knowledge capacity.
- The U.S. company must be a qualifying affiliate of the foreign company.
- Benefits: Allows employees to work in the U.S. for the parent, branch, affiliate, or subsidiary of their employer. L-1A visas are for managers and executives and are valid for up to 7 years; L-1B visas are for those with specialized knowledge and are valid for up to 5 years.
4. O-1 Visa
- Purpose: For individuals with extraordinary ability or achievement in their field, including business.
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Requirements:
- Demonstrate a high level of expertise and recognition in the business field.
- The petition must include evidence of awards, publications, and other significant accomplishments.
- Benefits: Allows for work in the U.S. for up to three years with the possibility of extensions. This visa is not directly a path to a green card but can lead to one through other means.
5. H-1B Specialty Occupation Visa
- Purpose: For individuals in specialty occupations requiring a bachelor's degree or higher.
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Common Specialties:
- Accountants
- Auditors
- Biologists
- Chemists
- Civil Engineers
- Database Communication and Network Administrators
- Economists
- Graphic Designers
- Mechanical Engineers
- Physicians
- Software Engineers
- Surgeons
- Systems Analysts and Programmers
- University Professors
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Requirements:
- The job must require specialized knowledge and a bachelor's degree or equivalent.
- The employer must sponsor the visa.
- Benefits: Allows the individual to live and work in the U.S. for up to three years, extendable to six years. This visa can lead to permanent residency through employment-based green card processes.
6. B-1 Business Visitor Visa
- Purpose: For short-term business visits to the U.S. for activities like meetings, conferences, and negotiations.
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Requirements:
- Must demonstrate the intention to return to their home country.
- Cannot engage in actual employment or receive U.S. wages.
- Benefits: Typically granted for up to six months, but not a path to permanent residency.