Top 4 employment visas

Understanding
The Top 4 Employment Visas

Priya Alagiri, Esq.
The Alagiri Immigration Law Firm
www.alagirilaw.com
The 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 Programs


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 visa


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. university


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 fees

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 required

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 Employee

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 documentation

L-1 Visas (cont.)
• Bachelor’s Degree not required
• No minimum prevailing wage requirements
• Dual-intent visa


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 visa

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 Employees

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)


Questions?


Top 4 employment visas

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