US Visa Options for Business

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It’s important that you approach working in the US the right way. US Immigration regulations are tricky and not intuitive, be sure to seek expert advice!
www.obrienandassociates.com

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US Visa Options for Business

  1. 1. obrienandassociates.com | @ USVisaExpert US Visa Options for Business
  2. 2. If you want to work in the USA you will need a VISA
  3. 3. It’s important that you approach working in the US the right way
  4. 4. Visa Waiver may be adequate initially, but…
  5. 5. Avoid being denied entry on Visa Waiver at all costs, because one strike and YOU’RE OUT
  6. 6. One refusal means a LIFETIME BAN on ever using the Visa Waiver program again
  7. 7. Understanding Visa Waiver and the B-1 Visa
  8. 8. What business IS permitted?
  9. 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
  10. 10. What business IS NOT permitted?
  11. 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. 12. It’s up to YOU to PROVE ELIGIBILITY
  13. 13. Every business visitor should have written evidence of:
  14. 14. Purpose of travel Invitations to meetings; receipts for tradeshows etc. Every business visitor should have written evidence of:
  15. 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. 16. If 50% of your time, cumulatively, is being spent in the US, you will almost certainly be denied entry on Visa Waiver
  17. 17. Don’t take that risk! Seek professional advice, as you may need a B-1 visa at this juncture
  18. 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. 19. US Immigration regulations are tricky and not intuitive
  20. 20. US Immigration regulations are tricky and not intuitive Seek expert advice early! US Immigration regulations are tricky and not intuitive
  21. 21. US Work Visa Categories
  22. 22. Intra- company transfer (L-1) Visas
  23. 23. L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US
  24. 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. 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. 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
  27. 27. E Treaty Visas
  28. 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. 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. 30. Available to foreign companies trading substantially with the US E-1 Treaty Trader Visa
  31. 31. What is substantial trade? A significant volume of US clients. E-1 Treaty Trader Visa
  32. 32. An option for those who have invested substantially in a US business E-2 Treaty Trader Visa
  33. 33. Depends on the type of business - Most US consulates insist on $100k minimum E-2 Treaty Trader Visa
  34. 34. H–1B Professional Visa
  35. 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. 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. 37. Quota opens April 1st. Applying early is essential; this year’s quota was reached within one week. H-1B Professional Visa
  38. 38. Chnge i w s on the ay Change is on the horizon
  39. 39. The current US administration is protectionist
  40. 40. The current US administration is protectionist Meaning heightened scrutiny and more questioning by officials
  41. 41. Meaning you must be prepared and know your stuff!
  42. 42. Take advice early to maximise your options
  43. 43. And avoid falling at the first fence…
  44. 44. or the last! And avoid falling at the first fence…
  45. 45. For over 20 years, Deirdre and her team have successfully delivered US visa solutions to top companies and individuals.
  46. 46. To ensure your smooth transition to the US, call us today
  47. 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. 48. O’Brien & Associates have offices in New York City Kilkenny, Ireland
  49. 49. Taking care of your US visa needs on both sides of the Atlantic www.obrienandassociates.com

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