Ron Rose: Immigration for Businesses

US Visa Strategies:Establishing An American

Business Presence

RON ROSERose Carson Kaplan Choi & White LLP

Palo Alto, CA

Contact Info: Tel (650) 617-8888

Email: [email protected]

Silicon Summit

Kensington Park Hotel

450 Post St., San Francisco, CA

October 18, 2011

mailto:[email protected]

Rose Carson Kaplan Choi & White LLP2

B-1 Visitor for Business Visa

• Takes 1-2 weeks to obtain• For Short-term Business Trips• Meetings• Conferences• Limited Training• To establish a New Business• Must apply to a US Embassy or Consulate for a Visa Stamp• Maximum Allowable Entry – 6 months• Some limited due process protection at border entry• Can be extended• Can NOT do productive work on behalf of US Company• Can not be paid by US Company for Services


B-2 Visitor for Pleasure – Tourist Visa

• Takes 1-2 weeks to obtain• For Short-term pleasure trips• Must apply to obtain Visa stamp at a U.S. Embassy or Consulate• Maximum entry for six months• Should not be used for business purposes


Visa Waiver

• Technically not a Visa• No need to apply to U.S. Embassy or Consulate for a Visa Stamp• Just present passport at airport• Entry only for 90 days• Can not Extend stay in USA• Can perform same activities as those on B-1 and B-2 status


E-2 Treaty Investor Visa

• Visa given to owners, executives, managers and specialized knowledge employees of U.S. entities that are majority owned and/or controlled by Dutch or other appropriate foreign investors

• Requires a “substantial investment” into U.S. enterprise. “Substantial” is a relative term depending on the type of business

• Investment can not be “marginal”. Must generally have U.S. employees

• Requires a five year business plan which includes revenues, profit and staffing projections

• Requires up to 8 weeks for initial company registration at U.S. Consulate in Amsterdam

• The individual application and interview takes another 2-3 weeks to complete

• Main application handled by the U.S. State Department not the USCIS


E-2 Treaty Investor Visa Cntd.

• Usually given entry for 2 years• Visa stamp initially good for 2-3 years. Renewable in 5 year

increments, indefinitely• Spouses can get work authorization• Available only to nationals of specific country


L-1 Intra-Company Transfer Visa

• Takes 6-8 weeks to obtain• Available to executives, managers, and specialized knowledge

employees• Person must have worked first for one year outside of the USA for

an affiliate company, prior to making the application• Must generally be a full-time employee of the foreign affiliated

company, or the de facto equivalent• For new office in USA, L-1 Visa given for one year. Then you must

justify further extensions, e.g. that you have sufficient business and U.S. staff

• Maximum of 7 years on L-1 visa• Can remain on payroll of the foreign parent or affiliate company• Spouses can get work authorization


L-1 Intra-Company Transfer Visa Cntd.

• Available for any nationality


H-1B Work Visa for Professional Level Job

• Takes 2-4 weeks to obtain• Availability can be limited by the quota• Must be professional level job requiring a bachelors degree as a

minimum hiring requirement• Must pay government defined prevailing wage for position, based

upon level and geographic location• Available for 3 years initially and six years maximum• Spouse can NOT get work authorization• Person must have bachelors degree or equivalent• Special handling requirement if foreign national owns shares of the

company


O-1 Work Visa

• For persons of Extraordinary Ability• Takes 4-6 weeks to obtain• Requires renown• Evidence submitted should include awards, nominations, press, etc.• Used a lot for entertainment related jobs, e.g. actors, directors,

musicians• Spouse can NOT work• Granted for 3 years, or shorter depending on confirmed lengths of

project• No cap on total years available• Agent can be the visa petitioner


Other Miscellaneous Work Visas

• TN Visa – For Canadians and Mexicans• E-3 Visa – For Australians• Korean Visa ?


Common Issues

• Timing issues, getting the cart before the house• Insufficient investment amounts, especially for start up companies• No official legal marriage between life partners. Note U.S. does not

genuinely recognize common law or same sex marriages, at least at the federal level

• State Department, e.g. Consulate Officials, easier to deal with as opposed to USCIS. Different agency agendas and orientation

• Overusing Visa Waivers, “Just one more time”• What is work?• What is payment?• How “Special” does Specialized Knowledge have to be?

Travel

Ron Rose: Immigration for Businesses