Overview of visas and green cards for business owners and investors

1. PRESENTED BY
COWLES & THOMPSON IMMIGRATION GROUP

2. I
2
3
Agenda
IMMIGRANT VISAS – PATH TO PERMANENT
RESIDENCE THROUGH BUSINESS
TEMPORARY VISAS FOR WORK AND BUSINESS
QUESTIONS & ANSWERS

3. E-2 L-1 O-1 H-1B
•Treaty country nationals
(TN) only
•Investors and essential
skills employees
•TN must own 50% of
business and
•Indefinite duration
•Spouse can work
•No visa quota
•Existing foreign business
and “affiliated” US
business
•Managers(L-1A) &
Specialized Knowledge
workers (L-1B)
•Five (L-1B) to 7 (L-1A)
duration
•Spouse can work
•No visa quota
•People in the arts,
sciences or business who
are at the “top of their
fields”
•Indefinite duration
•Spouse cannot work
•No visa quota
•Professional Workers in
“Specialized Occupation”
•Foreign National must
have a Bachelor’s Degree
in the occupational field
•Six year duration
•Spouse cannot work
•Annual quota of 65,000
with 20,000 master
degree exemptions
NON-IMMIGRANT VISAS FOR BUSINESS

4. Foreign company unnecessary – need to make
substantial investment in U.S. business
Must make substantial investment based upon
proportionality test (depends upon the type of business)
Source of funds must be legitimate-savings, gifts, salary,
loans secured by personal assets
Five year business plan with staffing and income
projections so that business is not “marginal”
1
2
3
4
5
E-2 Treaty Investor Requirements
Must develop and direct business or be executive or
manager or highly skilled worker

5. Foreign company must be in existence at least one year
and continue to operate
Must document relationship between foreign company
and U.S. company to meet legal definitions
Must be executive/manager or specialized knowledge
worker – extensive proof of duties required
1
2
3
4
5
L-1 Transferee Requirements
U.S. company must be operational or “new office”
exception applies and business plan is necessary
Must be employed by overseas business for at least 1 year
out of the preceding 3 years

6. U.S. company can be newly formed and owner can
qualify
Must provide “peer consultation” from labor union or
expert in the field (occupation)
Criteria: Awards, memberships, feature articles, authorship,
judge of colleagues, high compensation, critical role, original
contributions
1
2
3
4
5
O-1 Extraordinary Ability Requirements
Extensive documentation necessary including recommendation
letters to show “risen to the top of the field”
Must meet 3 criterion to show extraordinary ability and
national or international recognition in the occupation

7. U.S. company can be newly formed and owner can qualify
if board of directors or members control employment
Employer must post notice of labor condition application and
keep public access file with specific documentation
1
2
3
4
5
H-1B Specialty Occupation Requirements
Position must typically require a minimim of bachelor’s degree
in the specialty occupation
Must have equivalent to four year bachelor’s degree in a
specialty occupation
Position must pay the “prevailing wage” for the location of
employment

8. EB-1A EB-1C Labor Cert EB-2 NIW EB-5
•People who are at the
“top of their fields”
•Must meet at least 3
criterion to show
national or
international
recognition
•Self-petition with
prospective
employment
•Foreign and US
business both
operational for at
least one year
•Must be employed
by overseas business
for at least 1 year
•Must be manager or
executive
•Advanced degree or
exceptionality ability
•Employment must
benefit the U.S.
national interest
•Waiver of the usual
labor certification
requirement
•Self-employment ok
PERMANENT RESIDENCE THROUGH BUSINESS
•Unskilled, skilled,
professional,
advanced degree
workers qualify
•Shortage of US
workers
•Slow process and
recordkeeping
requirements
•Substantial
investment
required
•Creation of 10
full-time jobs
•Own business or
investment in
approved regional
center

9. Self-sponsorship permitted – no employer or business
required but must show prospective employment
Must show your employment or business will benefit
the United States)
Criteria: Awards, memberships, feature articles, authorship,
judge of colleagues, high compensation, critical role, original
contributions
1
2
3
4
5
EB-1A Extraordinary Ability Requirements
Extensive documentation necessary including recommendation
letters to show “risen to the top of the field”
Must meet 3 criterion to show extraordinary ability and
national or international recognition in the occupation

10. Foreign company must be in existence at least one year
and continue to operate
Must document relationship between foreign company
and U.S. company to meet legal definitions
Must be executive/manager – extensive proof of duties
required
1
2
3
4
5
EB-1C Multinational Manager/Executive Requirements
U.S. company must be operational for at least one
year with financial records and ability to pay salary
Must be employed by overseas business for at least 1 year
out of the preceding 3 years

11. U.S. employer required that has financial ability to pay the
required salary
Employment categories include EB-3 unskilled, skilled, and
bachelor degree workers as well as EB-2 advanced degree
workers
1
2
3
4
5
Labor Certification Requirements
Position duties must be typical for the occupation; cannot be
tailored to the foreign national’s education and experience
Employer must test the local market and advertise the
position to prove no qualified U.S. workers
Position must pay at least the “prevailing wage” for the
location of employment

12. Waiver of labor certification and job offer – no employer
required so self-sponsorship is available
Must show national interest benefit outweighs labor
certification national interest benefit
1
2
3
4
5
EB-2 National Interest Waiver (NIW) Requirements
Must be advanced degree professional (equivalent to master’s
degree or higher) OR exceptional ability
Must show that employment will benefit national
economy, cultural interests, educational interests, or U.S.
welfare
Meet 3 exceptional ability criteria: degree, 10 years
experience, professional memberships, license, recognition,
high salary

13. Must invest $500,000 in targeted employment area or
$1,000,000 in other areas 1
2
3
4
5
EB-5 Immigrant Investor Requirements
Can form new business, purchase or expand existing business,
or invest in approved regional center
Must create 10 full-time jobs or retain jobs in a failing
business
Investment must be at risk (no guarantees) and used to
create the required jobs
Source of funds must be legitimate and traceable-savings, gifts,
salary, or loans secured by personal assets

14. Next Steps to Success
STEP
1
STEP
2
STEP
3
STEP
4
DEVELOP YOUR STRATEGIC PLAN AND TIMELINE.
GATHER NECESSARY DOCUMENTS AND INFORMATION
IMPLEMENT YOUR PLAN.
WELCOME TO THE U.S.!
DO YOUR DUE DILIGENCE – MEET WITH ATTORNEYS AND
CONSULTANTS TO CONSIDER FINANCIAL, IMMIGRATION, AND
OTHER RELEVANT ASPECTS.
DETERMINE YOUR GOALS AND OBJECTIVES FOR RESIDENCE IN THE UNITED
STATES.

15. Questions & Answers

16. Facts of each case are different. The information provided
here is general in nature and should not be relied upon for
your specific situation and is not legal advice.
Consult with an experienced immigration attorney to get
the right advice to secure your future in the United States
Legal Notice