usa visa options for foreign businesses

© 2013 Valla & Associates, Inc., P.C. www.vallalaw.com 1

Stefano Abbasciano

Visa Options for Foreign Businesses


November 13, 2013

Introduction Caveat: obtaining a visa to the US is not just a

matter of filling out a form and paying the corresponding fee

Administrative process which requires submission of accurate and complete information to the United States Citizenship and Immigration Services (USCIS) or to the consular post

Applications are scrutinized by immigration officers and/or consular personnel

No guarantee that a visa will be approved


Applying From Abroad Most visas require advance petition

approval by USCIS in the US Visa application is then made at

U.S. consular post abroad Admission at Port of Entry by

Customs and Border Protection: Visa does not guarantee admission

© 2013 Valla & Associates, Inc., P.C 4

Visa Waiver Program Up to 90 days Electronic System Travel

Authorization (ESTA), generally valid for two years

Must have return ticket When travels become frequent and

close together in time: travel letter


B-1 Visa Temporary stay and intent to depart the

US Strong ties with country of origin Adequate financial arrangements Admission: Up to 6 months


B-1 Visa Continued Commercial transactions not involving

productive labor E.g.: contract negotiations; meetings

with clients/customers; attending conventions, trade shows, etc.

No income from US sources Benefit of activity in US is accrued

abroad


L-1 (Intracompany Transferee) Visa

Foreign employer and US company in a qualifying relationship

Beneficiary employed abroad for at least one year out of past 3 years

Managerial or executive capacity: L-1A

Specialized knowledge: L-1B

© 2013 Valla & Associates, Inc., P.C.www.vallalaw.com 8

L-1 Continued Initial entry period: generally 3

years (1 year for new offices) Renewals up to:

7 years for L-1A 5 years L-1B

Dual Intent: Green Card


E-1 or E-2 Based on treaties of friendship,

commerce and navigation. Only certain countries (Italy is one

of them) Application at US Consular Post Admitted for two years per entry; no

limit on stay


E-1 or E-2 Continued


Entering for purpose of: Carrying out substantial trade principally

between U.S. and treaty country (E-1) Develop and direct operations of an

enterprise in which the alien from the treaty country has invested a substantial amount of capital (E-2)

A key employee of an E-1 or E-2 enterprise who is also a citizen of the treaty country (executive, manager or essential skills)

E-1 Treaty Trader International exchange of items of trade

between the U.S. and the treaty country Principally between the U.S. and the treaty

country At least 50% of total volume of company’s trade

Substantial Continuous flow of international trade between the

two countries Cannot be based on a single transaction Volume of exchanges more important than value


E-2 Treaty Investor Invested or actively in the process of investing Funds must be at risk and in the Investor’s

Possession/Control Investment must be substantial Investment must not be marginal

Current or future capacity to generate more than minimal living expenses for investor


H-1B Specialty Occupation Position requires at least a Bachelor’s

Degree in a specialty field Beneficiary has that degree or its equivalent

Equivalent degree allowed Foreign degree equivalent If no degree, three years of experience can be

substituted for one year of college

Labor Condition Application (LCA) required Must be filed with DOL before filing H-1B with

USCIS

14© 2013 Valla & Associates, Inc., P.C.

www.vallalaw.com

H-1B Specialty Occupation Continued

LCA Attestations Company is paying H-1B worker the higher

of: Prevailing wage in area or “actual wage”

at worksite Notice was posted at worksite LCA documents are kept by company



H-1B “Cap” Visa limited annually to 65,000 plus an

additional 20,000 for US graduate degree holders

Extensions and “change of employer” petitions do not count against the cap

Certain employers exempt from cap Universities & related organizations Non-profit research institutions



Admitted for 3 years initially; 6 years maximum stay One or three year extensions available under

certain circumstances when green card process has been started

Dual intent applies I-129 petition required Status is employer-specific


O-1A Visa Extraordinary ability in the sciences, arts,

education, business or athletics Demonstrated by sustained acclaim and

recognition Purpose of travel to the United States: to start a

business in this field Extraordinary ability = level of expertise indicating

membership to the small percentage of people who have risen to the very top in a particular field

Initial period of stay in the United States: Up to 3 years (may be extended in 1-year increments)

© 2013 Valla & Associates, Inc., P.C 18

Thank You!


Valla & Associates, Inc., P.C.

1990 N. California Blvd., Suite 1060 Walnut Creek, CA 94596

USA

E-mail: [email protected]: +1 925 705 7623 Fax: +1 925 705 7629

www.vallalaw.com