US Visa options for foreign businesses. Presentation prepared by Stefano Abbasciano, associate counsel of US legal firm Valla & Associates with offices in the San Francisco Bay Area and New York.

1. Stefano Abbasciano
© 2013 Valla & Associates, Inc., P.C.
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2. Visa Options for Foreign
Businesses
November 13, 2013
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3. Introduction
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Caveat: obtaining a visa to the US is not just a matter of
filling out a form and paying the corresponding fee
Administrative process which requires submission of
accurate and complete information to the United States
Citizenship and Immigration Services (USCIS) or to the
consular post
Applications are scrutinized by immigration officers
and/or consular personnel
No guarantee that a visa will be approved
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4. Applying From Abroad
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Most visas require advance petition
approval by USCIS in the US
Visa application is then made at U.S.
consular post abroad
Admission at Port of Entry by Customs
and Border Protection: Visa does not
guarantee admission
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5. Visa Waiver Program
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Up to 90 days
Electronic System Travel Authorization
(ESTA), generally valid for two years
Must have return ticket
When travels become frequent and close
together in time: travel letter
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6. B-1 Visa
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Temporary stay and intent to depart the US
Strong ties with country of origin
Adequate financial arrangements
Admission: Up to 6 months
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7. B-1 Visa Continued
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Commercial transactions not involving
productive labor
E.g.: contract negotiations; meetings with
clients/customers; attending conventions,
trade shows, etc.
No income from US sources
Benefit of activity in US is accrued abroad
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8. L-1 (Intracompany Transferee) Visa
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Foreign employer and US company in a
qualifying relationship
Beneficiary employed abroad for at least
one year out of past 3 years
Managerial or executive capacity: L-1A
Specialized knowledge: L-1B
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9. L-1 Continued
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Initial entry period: generally 3 years (1
year for new offices)
Renewals up to:
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7 years for L-1A
5 years L-1B
Dual Intent: Green Card
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10. E-1 or E-2
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Based on treaties of friendship, commerce
and navigation.
Only certain countries (Italy is one of
them)
Application at US Consular Post
Admitted for two years per entry; no limit
on stay
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11. E-1 or E-2 Continued
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Entering for purpose of:
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Carrying out substantial trade principally between
U.S. and treaty country (E-1)
Develop and direct operations of an enterprise in
which the alien from the treaty country has invested
a substantial amount of capital (E-2)
A key employee of an E-1 or E-2 enterprise who is
also a citizen of the treaty country (executive,
manager or essential skills)
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12. E-1 Treaty Trader
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International exchange of items of trade between the
U.S. and the treaty country
Principally between the U.S. and the treaty country
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At least 50% of total volume of company’s trade
Substantial
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Continuous flow of international trade between the two
countries
Cannot be based on a single transaction
Volume of exchanges more important than value
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13. E-2 Treaty Investor
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Invested or actively in the process of investing
Funds must be at risk and in the Investor’s
Possession/Control
Investment must be substantial
Investment must not be marginal
 Current or future capacity to generate more than
minimal living expenses for investor
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14. H-1B Specialty Occupation
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Position requires at least a Bachelor’s Degree in
a specialty field
Beneficiary has that degree or its equivalent
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Equivalent degree allowed
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Foreign degree equivalent
If no degree, three years of experience can be substituted
for one year of college
Labor Condition Application (LCA) required
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Must be filed with DOL before filing H-1B with
USCIS
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15. H-1B Specialty Occupation
Continued
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LCA Attestations
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Company is paying H-1B worker the higher of:
 Prevailing wage in area or “actual wage” at
worksite
Notice was posted at worksite
LCA documents are kept by company
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16. H-1B Specialty Occupation
Continued
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H-1B “Cap”
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Visa limited annually to 65,000 plus an
additional 20,000 for US graduate degree
holders
Extensions and “change of employer”
petitions do not count against the cap
Certain employers exempt from cap
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Universities & related organizations
Non-profit research institutions
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17. H-1B Specialty Occupation
Continued
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Admitted for 3 years initially; 6 years maximum
stay
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One or three year extensions available under certain
circumstances when green card process has been
started
Dual intent applies
I-129 petition required
Status is employer-specific
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18. O-1A Visa
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Extraordinary ability in the sciences, arts, education,
business or athletics
Demonstrated by sustained acclaim and recognition
Purpose of travel to the United States: to start a
business in this field
Extraordinary ability = level of expertise indicating
membership to the small percentage of people who have
risen to the very top in a particular field
Initial period of stay in the United States: Up to 3 years
(may be extended in 1-year increments)
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19. Thank You!
Valla & Associates, Inc., P.C.
1990 N. California Blvd., Suite 1060
Walnut Creek, CA 94596
USA
E-mail: stefano.abbasciano@vallalaw.com
Phone: +1 925 705 7623 Fax: +1 925 705 7629
www.vallalaw.com
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www.vallalaw.com
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