GTHOMAS
Sat, Dec 15, 2018

Business & Investment Visas

BUSINESS VISAS – L1

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. An alien transferred to the United States under this nonimmigrant classification is referred to as an intra company transferee and the organization, which seeks the classification of an alien as an intra company transferee is referred to as the petitioner. Certain petitioners seeking the classification of aliens as intracompany transferees may file blanket petitions.

L-1A: Executive, Managerial

Executive Capacity:

  1. Directs the management of the organization or a major component or function of the organization;

  2. Establishes the goals and policies of the organization, component, or function;

  3. Exercises wide latitude in discretionary decision-making; and

  4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

Managerial Capacity:

  1. Manages the organization, or a department, subdivision, function, or component of the organization;

  2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

  3. Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

  4. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

Length of Stay:
Initial Stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay in increments of up to 2 years. Total stay limited to 7 years.

L-1B: Specialized knowledge

Specialized knowledge means special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Length of Stay:
Initial stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay, one increment of up to 2 years. Total stay limited to 5 years.

L-2: Spouse or Child of L-1

The spouse and unmarried minor children of the beneficiary are entitled to L nonimmigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization.

INVESTMENT VISAS

E-1 TREATY TRADER VISAS AND E-2 TREATY INVESTOR VISAS

Investor (E-1, E-2) Visas are based on a treaty between the U.S. and the country of which the applicant is a national. For an E-1 visa, the applicant must be entering the U.S. solely to carry on substantial trade that is international in scope principally between the U.S. and the foreign state of which he or she is a national. For an E-2 visa, the applicant must invest a substantial amount of capital in a bona fide enterprise. E visas are issued at the Consulate or Embassy outside the United States for periods up to Five Years. E visas may be renewed indefinitely, although the applicant should not intend to remain in the U.S. permanently. A full E Visa application must be submitted to the Consulate for adjudication even if an extension of stay or change to E- Visa status has been granted by USCIS.

“An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him.

  1. E-1: Treaty Trader, spouse and children

Solely to carry on substantial trade, including trade in services or trade in technology, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade. There must be intention to depart the United States upon the expiration or termination of treaty trader (E-1) status.

  1. E-2: Treaty Investor, spouse and children

Solely to develop and direct the operations in which the investor has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living. The investor must intend to depart the United States upon the expiration or termination of treaty investor (E-2) status.

  1. Stay:

Initial stay for E-1 and E-2 visas is two years; up to 2 years per extension. No maximum number of extensions, with some exceptions.”

INVESTMENT – EB5

Investor visas for permanent residents status are available for qualified individuals and their family members based on their investment in a new commercial enterprise which results in the creation of 10 full time jobs for US citizens or permanent residents. The minimum investment under the EB5 investor visa program is $500,000 if the investment is in a Targeted Employment Area or a rural area. Otherwise the required investment amount is $1,000,000. Many intending immigrant investors choose to invest in a Regional Center EB5 investor visa program. These Regional Centers allow qualified investors to meet the employment requirement through indirect employment methods which are generally pre-approved by the USCIS. Most Regional Center investments are located in Targeted Employment Areas allowing the EB5 investor to qualify for the minimum investor amount.

It is not necessary for the investor to reside in the location of the EB5 investment For a current list of EB5 Regional Centers in California and in other parts of the United States, please visit our website. Careful planning with independent tax and financial advisers together with Immigration counsel is strongly recommended.

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Helpful U.S. Immigration Links

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