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Top 4 employment visas
1. 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
2. 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?
ď Negotiating contracts
ď Developing business relationships
ď Attending
conferences, seminars, meetings, etc.
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
3. B-1 Business Visitor Visas (cont.)
⢠Requirements:
ď No intention of abandoning foreign residence
ď No salary from a U.S. source
⢠Can the B-1 visa be used by foreign
entrepreneurs?
ď Yes! Can be used to come to U.S. to meet
investors, scope out office space, meet with
potential customers, open bank account, etc.
ď Startup Incubator/Accelerator Programs
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
4. H-1B Visas
⢠For foreign nationals coming temporarily to
U.S. to work in a specialty occupation
⢠Requires U.S. Bachelorâs Degree or higher
ď Equivalencies accepted
ď Degree must be in a specialized field
ď 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
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
5. H-1B Visas (cont.)
⢠Number of H-1B visas issued is capped at
65,000 per fiscal year
ď 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
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
6. H-1B Visas (cont.)
⢠Requirements for Employers:
ď File Labor Condition Application with
Department of Labor
ď Pay prevailing wage for position or employerâs
actual wage, whichever is higher
ď Provide notice to workers of intent to hire H-
1B employee
ď Provide same benefits to H-1B employee as to
other employees
ď Must generally pay H-1B fees
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
7. H-1B Visas (cont.)
⢠Can startups/small companies sponsor
H1B employees?
ď Yes, but highly scrutinized and much more
documentation required
⢠Can foreign entrepreneurs/founders
apply for H1B visas?
ď In theory, yes. USCIS August 2011 Memo.
ď Employer-Employee Relationship required
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
8. L-1 Visas
⢠For foreign nationals seeking a transfer from
foreign company to U.S. affiliate company
⢠Two categories
ď L-1A â Managers/Executives (7 years)
ď L-1B â Specialized knowledge employees (5 years)
⢠Requirements:
ď U.S. company must be related to foreign company, i.e.
branch, subsidiary, parent or affiliate
ď Foreign national must have worked for foreign
company for at least 1 continuous year out of last 3
years
ď Coming to work as a Manager or Executive or as a
Specialized Knowledge Employee
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
9. L-1 Visas (cont.)
⢠Can the L-1 visa be used to startup a
company in the U.S.?
ď Yes. Special provision allows opening of new
office
ď New office defined as company doing
business in U.S. for less than one year
ď Visa granted for 1 year
ď Physical premises required
ď Must meet all other L-1 requirements
ď Heavily scrutinized
ď Requires extensive documentation
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
10. L-1 Visas (cont.)
⢠Bachelorâs Degree not required
⢠No minimum prevailing wage requirements
⢠Dual-intent visa
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
11. 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
ď Over 80 E-2 treaty countries, including most
Western European countries
ď List of treaty countries at www.state.gov
⢠E-2 visa holders admitted for 2 years
ď Visa can be renewed indefinitely
⢠Non-dual intent visa
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
12. E-2 Investor Visas (cont.)
⢠Requirements of E-2 visa:
ď Investor must be national of E-2 treaty country
ď Business must be at least 50% owned by foreign
national (or foreign corporation) from treaty
country
ď Investment must be substantial
ď Investment must be at risk
ď Principal Investor must be coming to U.S. to
develop and direct business
ď E-2 employees must be Executive, Manager or
Highly-Skilled, Essential Employees
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com
13. E-2 Investor Visas (cont.)
⢠Can E-2 visas be used for startups?
ď Yes! Intended for foreign nationals to start a
business in U.S.
ď For small businesses, the lower the cost of
the business, the higher the investment
required in order to be considered substantial
ď Marginal businesses not permitted (i.e.
business must generate more than minimal
living income for investor and family)
The Alagiri Immigration Law Firm www.alagirilaw.com priya@alagirilaw.com