US Visa Options for Business

Deirdre O'Brien
Deirdre O'BrienUS Business Immigration Lawyer
obrienandassociates.com | @ USVisaExpert
US Visa
Options for
Business
If you want to work
in the USA
you will need a VISA
It’s important that you
approach working in the
US the right way
Visa Waiver may be
adequate initially, but…
Avoid being denied entry on
Visa Waiver at all costs,
because one strike and
YOU’RE OUT
One refusal means a
LIFETIME BAN
on ever using the Visa
Waiver program
again
Understanding
Visa Waiver
and the B-1 Visa
What business
IS
permitted?
Permitted business on VW/B-1
•  Meetings
•  Negotiating contracts
•  Consulting with business associates
•  Attending a convention/conference
•  Short-term training
•  Litigation
•  After-sales service if a contract exists
•  Pre-investment activities
What business
IS NOT
permitted?
•  Working
•  Managing a business
•  Soliciting business, especially if
you’re a principal
•  Engaging in work as a consultant
•  After-sales service if no contract exists
Business not permitted on VW/B-1
It’s up to
YOU to
PROVE
ELIGIBILITY
Every business visitor should
have written evidence of:
Purpose
of travel
Invitations to meetings;
receipts for tradeshows
etc.
Every business visitor should
have written evidence of:
Ties
outside
the US
Proof of residence (Personal
bank statement showing salary/
mortgage/rent)
€Proof of employment
(Letter from employer)
Purpose
of travel
Invitations to meetings;
receipts for tradeshows
etc.
Every business visitor should
have written evidence of:
If 50% of your time, cumulatively,
is being spent in the US,
you will almost
certainly be
denied entry
on Visa
Waiver
Don’t take that risk!
Seek professional advice, as
you may need a B-1 visa at this
juncture
B-1 Visa: Advantages over Visa Waiver
•  More confidence, less questioning
at US port of entry
•  Each entry to the US may be up
to 6 months
•  May be extended while in the US
•  May change to another visa
category while in the US
US Immigration regulations are
tricky and not intuitive
US Immigration regulations are
tricky and not intuitive
Seek expert advice early!
US Immigration regulations are
tricky and not intuitive
US Work Visa
Categories
Intra-
company
transfer
(L-1)
Visas
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
Managers and
Executives (L-1A)
Specialized Knowledge
Workers (L-1B)
An important visa for foreign companies
with a physical presence in the US
Suitable for:
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
An important visa for foreign companies
with a physical presence in the US
Not suitable for New Hires:
Employee must have
worked with the non-
US company for at
least one year
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
L-1A Managers and Executives may also
be eligible for permanent residence
(‘green card’) under
a fast-track category
for Multinational
Managers/Executives
L-1 intra-company transfer Visa
E Treaty
Visas
A valuable option for nationals of
countries which have relevant treaties
with the US, including Ireland and the
UK
Nationals of the treaty country
must own at least 50% of the
business
E Treaty Visa
Eligible employees are Managers,
Executives or Essential Skills Workers
who share the nationality of the
company
Unlike the L-1, new
hires may qualify for E
Treaty Visas
E Treaty Visa
Available to foreign companies trading
substantially with the US
E-1 Treaty Trader Visa
What is substantial trade?
A significant volume of US clients.
E-1 Treaty Trader Visa
An option for those who have
invested substantially in a US
business
E-2 Treaty Trader Visa
Depends on the type of business -
Most US consulates insist on
$100k minimum
E-2 Treaty Trader Visa
H–1B
Professional
Visa
The H-1B Professional Visa is for degree
holders being sponsored by a US
employer for a professional position
(one which requires
a degree).
H-1B Professional Visa
This is a heavily regulated category
with an annual quota of:
65,000 visas worldwide
(and an additional
20,000 for holders
of US Master’s degrees)
H-1B Professional Visa
Quota opens
April 1st.
Applying early is
essential; this year’s
quota was reached
within one week.
H-1B Professional Visa
Chnge i
w
s on the
ay
Change
is on the
horizon
The current US administration is
protectionist
The current US administration is
protectionist
Meaning heightened scrutiny and
more questioning by officials
Meaning you must be
prepared and know your
stuff!
Take advice
early to
maximise your
options
And avoid falling at the first fence…
or the last!
And avoid falling at the first fence…
For over 20
years, Deirdre
and her team
have successfully
delivered US visa
solutions to top
companies and
individuals.
To ensure your
smooth transition to
the US, call us today
Click here to follow us
on Twitter
Click here to find out
more about us
IRL: 056-776 7994
US: 212-965 1148
Click here to
download our e-guide
O’Brien & Associates have offices in
New York City Kilkenny, Ireland
Taking care of your US visa needs
on both sides of the Atlantic
www.obrienandassociates.com
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US Visa Options for Business

  • 1. obrienandassociates.com | @ USVisaExpert US Visa Options for Business
  • 2. If you want to work in the USA you will need a VISA
  • 3. It’s important that you approach working in the US the right way
  • 4. Visa Waiver may be adequate initially, but…
  • 5. Avoid being denied entry on Visa Waiver at all costs, because one strike and YOU’RE OUT
  • 6. One refusal means a LIFETIME BAN on ever using the Visa Waiver program again
  • 9. Permitted business on VW/B-1 •  Meetings •  Negotiating contracts •  Consulting with business associates •  Attending a convention/conference •  Short-term training •  Litigation •  After-sales service if a contract exists •  Pre-investment activities
  • 11. •  Working •  Managing a business •  Soliciting business, especially if you’re a principal •  Engaging in work as a consultant •  After-sales service if no contract exists Business not permitted on VW/B-1
  • 12. It’s up to YOU to PROVE ELIGIBILITY
  • 13. Every business visitor should have written evidence of:
  • 14. Purpose of travel Invitations to meetings; receipts for tradeshows etc. Every business visitor should have written evidence of:
  • 15. Ties outside the US Proof of residence (Personal bank statement showing salary/ mortgage/rent) €Proof of employment (Letter from employer) Purpose of travel Invitations to meetings; receipts for tradeshows etc. Every business visitor should have written evidence of:
  • 16. If 50% of your time, cumulatively, is being spent in the US, you will almost certainly be denied entry on Visa Waiver
  • 17. Don’t take that risk! Seek professional advice, as you may need a B-1 visa at this juncture
  • 18. B-1 Visa: Advantages over Visa Waiver •  More confidence, less questioning at US port of entry •  Each entry to the US may be up to 6 months •  May be extended while in the US •  May change to another visa category while in the US
  • 19. US Immigration regulations are tricky and not intuitive
  • 20. US Immigration regulations are tricky and not intuitive Seek expert advice early! US Immigration regulations are tricky and not intuitive
  • 23. L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US
  • 24. Managers and Executives (L-1A) Specialized Knowledge Workers (L-1B) An important visa for foreign companies with a physical presence in the US Suitable for: L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US
  • 25. An important visa for foreign companies with a physical presence in the US Not suitable for New Hires: Employee must have worked with the non- US company for at least one year L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US
  • 26. L-1A Managers and Executives may also be eligible for permanent residence (‘green card’) under a fast-track category for Multinational Managers/Executives L-1 intra-company transfer Visa
  • 28. A valuable option for nationals of countries which have relevant treaties with the US, including Ireland and the UK Nationals of the treaty country must own at least 50% of the business E Treaty Visa
  • 29. Eligible employees are Managers, Executives or Essential Skills Workers who share the nationality of the company Unlike the L-1, new hires may qualify for E Treaty Visas E Treaty Visa
  • 30. Available to foreign companies trading substantially with the US E-1 Treaty Trader Visa
  • 31. What is substantial trade? A significant volume of US clients. E-1 Treaty Trader Visa
  • 32. An option for those who have invested substantially in a US business E-2 Treaty Trader Visa
  • 33. Depends on the type of business - Most US consulates insist on $100k minimum E-2 Treaty Trader Visa
  • 35. The H-1B Professional Visa is for degree holders being sponsored by a US employer for a professional position (one which requires a degree). H-1B Professional Visa
  • 36. This is a heavily regulated category with an annual quota of: 65,000 visas worldwide (and an additional 20,000 for holders of US Master’s degrees) H-1B Professional Visa
  • 37. Quota opens April 1st. Applying early is essential; this year’s quota was reached within one week. H-1B Professional Visa
  • 38. Chnge i w s on the ay Change is on the horizon
  • 39. The current US administration is protectionist
  • 40. The current US administration is protectionist Meaning heightened scrutiny and more questioning by officials
  • 41. Meaning you must be prepared and know your stuff!
  • 43. And avoid falling at the first fence…
  • 44. or the last! And avoid falling at the first fence…
  • 45. For over 20 years, Deirdre and her team have successfully delivered US visa solutions to top companies and individuals.
  • 46. To ensure your smooth transition to the US, call us today
  • 47. Click here to follow us on Twitter Click here to find out more about us IRL: 056-776 7994 US: 212-965 1148 Click here to download our e-guide
  • 48. O’Brien & Associates have offices in New York City Kilkenny, Ireland
  • 49. Taking care of your US visa needs on both sides of the Atlantic www.obrienandassociates.com