IMMIGRATION FOR IMMIGRATION FOR BUSINESS PURPOSES - BUSINESS PURPOSES -

CHALLENGES AND CHALLENGES AND BENEFITSBENEFITS

NON-IMMIGRANT VISA OPTIONSNON-IMMIGRANT VISA OPTIONS

• B-1 Business Visitor

• H-1B Work Visa: If you are planning to work for the business you start in the U.S.

• L-1A Visa: Executives and high-level managers of international companies (or new offices in the US)

• E-1 and E-2 Treaty Investor: Substantial amount of investment in a new or existing U.S. business.

B-1 VISAB-1 VISA • Short-term business visits

• Up to 10 years; each visit up to 6 months; extension possible.

• Benefits: Relatively easy to obtain; ideal for shorter business visits (e.g. secure funding, look for office space, negotiate a contract; attend meetings).   

• Disadvantages: Not authorized to work in the U.S.; not a long-term option to reside in the U.S.

H-1B VISAH-1B VISA• Viable option for a start-up company; must have a

Board of Directors controlling the employment of the owner.

• Occupations that require at least bachelor’s degree (e.g. chief executives, engineers, scientists, lawyers, teachers, accountants)

• Maximum 6 years; initial stay up to 3 years with 3-year extension possible

• Benefits: Authorized to work & dual intent.

• Disadvantages: USCIS process; timing/cap issues; challenging for start-ups.

E-1 & E-2 VISASE-1 & E-2 VISAS• E-1 for conducting trade between the U.S. and Turkey;

No minimum investment but requires substantial trade (i.e. exchanges of goods or services). Existing & continuous flow of trade is required.

Example: A Turkish company with substantial contracts with US clients can set up a branch office in the U.S. with profits repatriated back to Turkey.

• E-2 for substantial investment in the U.S.

Requires “active” investment: Real operating enterprise producing some service or commodity; investment depends on type of business

• Benefits: Initially 2 years but can be renewed indefinitely; can be used for investors & employees; can be used by single investors or large companies

• Disadvantages: Authorized to work only for your company; no official path to green card.

L-1A VISAL-1A VISA• Ideal for international companies to transfer their executives or

managers to the U.S.

• Existing U.S. Office (3+2+2 years)

1 year of continuous employment as an executive or manager with the foreign company within the last 3 years

Qualifying organization: Subsidiary, affiliate or branch office

• New U.S. Office (initially granted for 1 year)

Same requirements + must be able to sustain an executive or manager in one year

Requires lease of an office + sizeable investment (no minimum)

Possible, but a little more difficult for sole owners.

L-1 VISA BENEFITSL-1 VISA BENEFITS

Dual intent visa

Great option for both companies with existing U.S. offices & those needing to open a new office in the U.S.

No minimum investment is required (unlike E-2)

The best non-immigrant visa for path to green card (EB-1C)

Allows you to sponsor “specialized knowledge” employees in the L-2B category.

GREEN CARD OPTIONS FOR INVESTORSGREEN CARD OPTIONS FOR INVESTORS• EB-1 Green Card

Individuals with Extraordinary Abilities in the Business or Sciences: Requires sustained national or international reputation

Multinational Executives or Managers: For executives & managers of Turkish companies with a US office doing business for at least 1 year;

• EB-2 National Interest Waiver Green Card

NIW traditionally used by famous scientists and professors; requires at least Master’s Degree or Higher & benefit to U.S. national interest.

Now available to foreign entrepreneurs. Requires:

New venture that will have a national benefit to the U.S. (e.g. health, education, biotech)

Track record of job creation & contribution to economy.

CONCLUSIONCONCLUSION

• No cookie cutter immigration strategy; right option depends on your & your company’s background and your goals.

• Many other technical and procedural requirements

• Importance of competent legal & investment advice

• Other visa & green card options for individuals and companies, including employment-based categories.