business immigration

Business Immigration: How to Do It Legally

Given the new immigration landscape, it is probably best that you do some research before applying for business immigration. Today we are going to cover all of the business immigration visas. Having more knowledge about how the U.S. immigration system works, could help you obtain a visa. Did you know that there are over 20 types of non-immigrant visas? Ten of those are specifically for business.

E-1 Treaty Trader

The first business immigration visa is an E-1. This visa covers those from a “treaty country” who want to come the U.S to conduct business on their behalf. The treaty countries can are on this list. The qualifications for an E-1 visa are:

  • You must be a national of a country that has a treaty that covers commerce and navigation with the U.S.
  • You also must conduct substantial trade.
  • The trade must be carried out between the U.S. and the country that you are a national of.

You can apply for an E-1 visa through the state department. An I-129 form is the application process if you are already inside the borders of the U.S.

E-2 Investment Visa

The next type of business immigration is an investment visa. An investment visa allows an individual to enter the country based on their claim of an investment opportunity. An E-2 visa also applies when the applicant will be controlling an investment during their stay. However, this visa is only available to nationals of countries with commerce treaties with the U.S. to obtain an E-2 visa you must meet the following requirements:

  • You must have investments or possible investments in American enterprises.
  • Also, you have to be from a treaty country.
  • Lastly, you must be seeking admission to develop or find investments. These investments must be for more than $50,000. However, acceptions have been made.

The E-2 visa allows an investor to stay in the U.S. for a maximum of 2 years. Although, the visa holder can apply for an extension.

E-3 and H-1B Specialty Occupations

The E-3 visa is only for Australian nationals coming to the United States to perform a specialty occupation. The H-1B visa is for nationals of other countries. To obtain a specialty occupation visa, you must meet the following requirements:

  • You must hold a foreign degree greater than or equal to a bachelor’s degree in the specialty occupation.
  • The second requirement is an unrestricted state license, registration, or certificate in the field that you wish to work.
  • You may also have education, experience or training that is equivalent to the required degree and be recognized as possessing expertise in the specialty occupation.

To obtain a specialty occupation for business immigration, you employer must fill out a form I-129 before you apply for admission. There is a limit to the number of available H1-B visas given out every year.

H-2 Agricultural Workers

Agricultural workers can also obtain visas to enter the U.S. First an agricultural worker must apply for a temporary visa, and can only hold a temporary or seasonal job. To obtain an H-2 visa, the following criteria must be met:

  • The applicant has to have a temporary or seasonal job offer.
  • Also, your employer must show that there are no qualified, willing, or able American’s to fill the position.
  • Lastly, you employer must show that your presence will not decrease wages or working conditions for American workers.

In certain cases, there are some other requirements. Typically an H-2 visa only allows the holder to stay in the U.S. for one year.

I-1 Representative of Foreign Media Visa

These visas are only for representatives of foreign media outlets as the name suggests. The fields that fall under this visa include film crews, reporter, editors, and similar occupations. An I-1 visa will also allow you family to travel with you. You are allowed to stay for as long as you are working for the same company, doing the same job.

O-1 Individual with Extraordinary Ability

O-1 applicants must display extraordinary ability in the fields of business, education, science, athletics, or the arts. This visa may be the most difficult to obtain given the criteria an applicant must meet. Your family may come to the U.S. with you on an O-1 visa. O-1 classification allows you to stay in the United States for up to three years.

Busines Immigration in New York

As you can see, business immigration is a complex equation. Finding a New York immigration attorney that can help you determine what visa is best for you may be helpful. The last thing you want to have happened is applying for a visa and being denied because you didn’t understand the qualifications. Pozo Goldstein has decades of experience helping people just like you acquire the proper visas. Don’t go it alone, get expert legal help today.

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