corporation/business/entrepreneur visas

Options for Foreign Corporations, Businesses & Entrepreneurs

Foreign entrepreneurs and businesses have a number of immigration options which generally depend on the amount of the investment, type of position for which the visa is sought and the general goals of the business. Options discussed here will include: L-1 Intra-Company Transferees; E-1/E-2 Treaty Trader/Treaty Investor Visas and EB-5 Immigrant Investor Visas.

L-1: Intra-Company Transferee

An L-1 visa is suitable for a foreign company that wishes to transfer an executive or manager to the U.S. to supervise an office in the U.S. An L-1 visa can also be used to set up a new subsidiary, affiliate or branch office in the U.S. An L-1 visa can also be used to bring specialized knowledge employees of foreign companies that have related U.S. branches, subsidiaries, affiliates or joint venture partners.

Eligibility

1) A qualifying relationship must exist between the U.S. company and the foreign company abroad.

2) Both the foreign company and the U.S. company must continue to remain open and active for the entire duration of the L-1 employment in the U.S. If the foreign company ceases to exist or ceases business activities, the L-1 visa will result in loss of status.

3) The transferee, must have been employed overseas by the foreign company for at least one year within the last three years and transferee will be performing duties in the U.S. for the same or related company.

4) The transferee must be a manager, executive or a specialized knowledge professional.

5) Transferees in Managerial and Executive positions are given L-1A visas. They may be admitted initially for 3 years if there is an existing company or 1 year if opening a new office. Extensions are granted in 2 year increments for a maximum of 7 years.

6) Transferees in specialty positions are given L-1B visas. They may be admitted initially for 3 years if there is an existing company or 1 year if coming to a newly established company. Extensions are granted in 2 year increments for a maximum of 5 years.

7) Spouse and children of L-1 visa holders can accompany the principal visa holder on L-2 visas. L-2 spouses can apply for employment authorization (work permits).

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E-1/E-2 Visa: Treaty Trader/Treaty Investor

E visas are nonimmigrant visas granted to nationals of a country with which the U.S. maintains a treaty of commerce and navigation who wishes to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

Eligibility

1) E-1 treaty traders must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the company. Ordinary skilled or unskilled workers do not qualify.

2) The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade and more than 50 percent of the international trade involved must be between the U.S. and the country of the trader's nationality.

3) E-2 treaty investors, either a real or corporate person, must be nationals of a treaty country. Fifty percent or more of the ownership of the company must be by nationals of that treaty country.

4) The investor must be coming to the U.S. to develop and direct the enterprise.

5) If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

6) The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.

7) The invested funds must be at risk and the business should generate significantly more income than just providing a living to the investor and his or her family, or it must have a significant economic impact in the U.S.

8) Spouses and children of an E visa holder may come on E visas as well. Spouses may apply for employment authorization (work permit).

9) E visa holders are generally admitted for an initial period of 2 years and may be renewed in 5 year increments. There is no maximum time limit for an E visa as long as the business is operating according to the visa's requirements.

The countries' nationals who are eligible to apply for E visa status are as follows:

Country	Classification
Albania	E-2
Argentina	E-1, E-2
Armenia	E-2
Australia	E-1, E-2
Austria	E-1, E-2
Azerbaijan	E-2
Bahrain	E-2
Bangladesh	E-2
Belgium	E-1, E-2
Bolivia	E-1, E-2
Bosnia and Herzegovina	E-1, E-2
Brunei	E-1
Bulgaria	E-2
Cameroon	E-2
Canada	E-1, E-2
Chile	E-1, E-2
China (Taiwan)	E-1, E-2
Colombia	E-1, E-2
Congo (Brazzaville)	E-2
Congo (Kinshasa)	E-2
Costa Rica	E-1, E-2
Croatia	E-1, E-2
Czech Republic	E-2
Denmark	E-1
Ecuador	E-2
Egypt	E-2
Estonia	E-1, E-2
Ethiopia	E-1, E-2
Finland	E-1, E-2
France	E-1, E-2
Georgia	E-2
Germany	E-1, E-2
Greece	E-1
Grenada	E-2
Honduras	E-1, E-2
Iran	E-1, E-2
Ireland	E-1, E-2
Israel	E-1
Italy	E-1, E-2
Jamaica	E-2
Japan	E-1, E-2
Jordan	E-1, E-2
Kazakhstan	E-2
Korea (South)	E-1, E-2
Kyrgyzstan	E-2
Latvia	E-1, E-2
Liberia	E-1, E-2
Lithuania	E-2
Luxembourg	E-1, E-2
Macedonia, the Former Yugoslav Republic of (FRY)	E-1, E-2
Mexico	E-1, E-2
Moldova	E-2
Mongolia	E-2
Morocco	E-2
Netherlands	E-1, E-2
Norway	E-1, E-2
Oman	E-1, E-2
Pakistan	E-1, E-2
Panama	E-2
Paraguay	E-1, E-2
Philippines	E-1, E-2
Poland	E-1, E-2
Romania	E-2
Senegal	E-2
Singapore	E-1, E-2
Slovak Republic	E-2
Slovenia	E-1, E-2
Spain	E-1, E-2
Sri Lanka	E-2
Suriname	E-1, E-2
Sweden	E-1, E-2
Switzerland	E-1, E-2
Thailand	E-1, E-2
Togo	E-1, E-2
Trinidad & Tobago	E-2
Tunisia	E-2
Turkey	E-1, E-2
Ukraine	E-2
United Kingdom	E-1, E-2
Yugoslavia	E-1, E-2

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H-1B for Entrepreneurs

For entrepreneurs who may not qualify for an E visa because their country of citizenship may not be a treaty country, or the nature of the investment does not meet other E visa requirements, it may be possible for an entrepreneur to form a U.S. company that sponsors the entrepreneur for an H-1B visa. The application will however be met with careful scrutiny from USCIS. The business and entrepreneur would still be required to meet all requirements for an H-1B visa. For example, the position that the entrepreneur would fill would have to be in a specialty occupation and the business must be viable enough to pay the prevailing wage for the position. Just as in other employment based visa petitions, the greater the size of the company and the more employees and more profitable the company is, the stronger the petition. The downside to this type of visa however is that unlike the E visa option, spouses of H-1B holders are not allowed to work. Also, the entrepreneur would be subject to the H-1B cap which limits H-1Bs to 65,000 visas per year and would be limited to a period of six years in H-1B status. However, it is a viable option that should be considered alongside other options for entrepreneurs.

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EB-5: Immigrant Investor Visas

1) 10,000 immigrant visas are available each year, 5,000 of which are set aside for those applying through a program designated by the USCIS as a Regional Center. A Regional Center is an entity approved by USCIS which focuses on a specific geographic area within the U.S. seeking to promote economic growth.

2) An alien investor applying under the Regional Center program must show he or she is investing in a new commercial enterprise within an approved Regional Center;

3) An alien investor must show that 10 or more jobs are actually created either directly or indirectly by the new enterprise through revenues generated from increased exports, improved regional productivity, job creation or increased domestic capital investment.

Eligibility

Generally, an alien investor must:

1) Start an original business that benefits the U.S. economy and create full-time employment for at least 10 qualified individuals; or

2) Purchase an existing business and simultaneously or subsequently restructure or reorganize the business such that a new commercial enterprise results; or

3) Expand an existing business by 140 percent of the pre-investment number of jobs or net worth, or retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

4) Invest or actively be in the process of investing at least $1 million or at least $500,000 in a "targeted employment area" (an area that has experienced unemployment of at least 150% of the national average rate or rural area designated by the Office of Management and Budget) in a new commercial enterprise.

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