Top 4 employment visas

Understanding The Top 4 Employment Visas Priya Alagiri, Esq. The Alagiri Immigration Law Firm www.alagirilaw.comThe Alagiri Immigration Law Firm priya@alagirilaw.com

B-1 Business Visitor Visas• For foreign nationals coming to the U.S. to conduct business activities• Gainful employment not permitted• What are permissible business activities?  Negotiating contracts  Developing business relationships  Attending conferences, seminars, meetings, etc.The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

B-1 Business Visitor Visas (cont.)• Requirements:  No intention of abandoning foreign residence  No salary from a U.S. source• Can the B-1 visa be used by foreign entrepreneurs?  Yes! Can be used to come to U.S. to meet investors, scope out office space, meet with potential customers, open bank account, etc.  Startup Incubator/Accelerator ProgramsThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

H-1B Visas• For foreign nationals coming temporarily to U.S. to work in a specialty occupation• Requires U.S. Bachelor’s Degree or higher  Equivalencies accepted  Degree must be in a specialized field  Degree must be related to H-1B occupation• Visa granted for 3 years for a maximum of 6 years, with some exceptions• Dual-intent visaThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

H-1B Visas (cont.)• Number of H-1B visas issued is capped at 65,000 per fiscal year  6,800 H-1B visas are reserved for foreign nationals of Chile and Singapore• Additional 20,000 H-1B visas available to foreign nationals with Masters Degrees or higher from a U.S. universityThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

H-1B Visas (cont.)• Requirements for Employers:  File Labor Condition Application with Department of Labor  Pay prevailing wage for position or employer’s actual wage, whichever is higher  Provide notice to workers of intent to hire H- 1B employee  Provide same benefits to H-1B employee as to other employees  Must generally pay H-1B feesThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

H-1B Visas (cont.)• Can startups/small companies sponsor H1B employees?  Yes, but highly scrutinized and much more documentation required• Can foreign entrepreneurs/founders apply for H1B visas?  In theory, yes. USCIS August 2011 Memo.  Employer-Employee Relationship requiredThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

L-1 Visas• For foreign nationals seeking a transfer from foreign company to U.S. affiliate company• Two categories  L-1A – Managers/Executives (7 years)  L-1B – Specialized knowledge employees (5 years)• Requirements:  U.S. company must be related to foreign company, i.e. branch, subsidiary, parent or affiliate  Foreign national must have worked for foreign company for at least 1 continuous year out of last 3 years  Coming to work as a Manager or Executive or as a Specialized Knowledge EmployeeThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

L-1 Visas (cont.)• Can the L-1 visa be used to startup a company in the U.S.?  Yes. Special provision allows opening of new office  New office defined as company doing business in U.S. for less than one year  Visa granted for 1 year  Physical premises required  Must meet all other L-1 requirements  Heavily scrutinized  Requires extensive documentationThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

L-1 Visas (cont.)• Bachelor’s Degree not required• No minimum prevailing wage requirements• Dual-intent visaThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

E-2 Investor Visas• For foreign nationals from E-2 treaty countries coming to U.S. to direct and develop business in which they have invested in  Over 80 E-2 treaty countries, including most Western European countries  List of treaty countries at www.state.gov• E-2 visa holders admitted for 2 years  Visa can be renewed indefinitely• Non-dual intent visaThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

E-2 Investor Visas (cont.)• Requirements of E-2 visa:  Investor must be national of E-2 treaty country  Business must be at least 50% owned by foreign national (or foreign corporation) from treaty country  Investment must be substantial  Investment must be at risk  Principal Investor must be coming to U.S. to develop and direct business  E-2 employees must be Executive, Manager or Highly-Skilled, Essential EmployeesThe Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

E-2 Investor Visas (cont.)• Can E-2 visas be used for startups?  Yes! Intended for foreign nationals to start a business in U.S.  For small businesses, the lower the cost of the business, the higher the investment required in order to be considered substantial  Marginal businesses not permitted (i.e. business must generate more than minimal living income for investor and family)The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

Questions?The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com

Top 4 employment visas

by The Alagiri Immigration Law Firm on Feb 18, 2012

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