Business Visas
B-1/B-2 Business or Pleasure Visitors to the United States
E-Visas - Treaty Traders and Treaty Investors
H-1B Visa for Professionals
L-1 Intracompany Transferees
H-3 Company Trainee
TN Professional Visas Under NAFTA
How Do I Apply for an Investor Visa?
Qualifying for a Visa
B-1/B-2 Business or Pleasure Visitors to the United States
A citizen of a foreign country who wishes to enter the United States must first obtain a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. If a person wishes to enter the United States temporarily for business or for pleasure, they must obtain a B-1 nonimmigrant visitor visa. If a person is entering the United States for medical treatment, they would need to obtain a B-2 nonimmigrant visitor visa.
E-Visas - Treaty Traders and Treaty Investors
The E-Visa, what is it?
Allows temporary entry and a work permit to a trader or investor when a treaty exists between the U.S. and the home country of the applicant. This treaty has to be one of commerce and navigation or bilateral investment. The Gerardin Law Firm maintains a current list of countries which have such a treaty with the U.S. An E-visa can be used by either the applicant company's principals or its employees.
There are 2 types of treaty visas, the E-1 trader visa and the E-2 investment visa. Both of these require:
- A treaty between the U.S. and the alien's home country.
- Majority ownership/control of the trading or investing company held by nationals of the treaty country.
- Each employee or principal of the company applying for the E-visa to hold citizenship of the treaty country.
Benefits of an E-Visa
- The period of stay can be extended almost indefinitely as long as the alien affirms that he/she will leave the U.S. when the period of authorized stay ends.
- The alien does not need to maintain a foreign residence.
- Spouse and children can enter on the same E-visa as the alien.
E-1 Treaty Trader Visa requirements
- Must be engaged in trade prior to application for treaty trader status. Trade means the exchange, purchase, or sale of goods or services.
- Trade must be substantial . Factors include volume of trade, number of transactions, and continued course of trade.
- Trade must be principally (more than 1/2) between the U.S. and the treaty country.
- Employee or principal applying for the E-1 visa must serve the company in either a management role, or involve skills essential to operation of the enterprise.
E-2 Treaty Investor Visa requirements
- Investor must make an irrevocable commitment of funds in which he/she is personally at risk.
- The investment must be substantial - either proportional to the total value of the enterprise or be an amount considered necessary to establish the enterprise.
- Investment income must not be solely for earning a living for the investor and his/her family.
- Investor must be responsible for development and direction of the investment.
- Employees of the investor also qualify for E-2 status, if they are in a managerial role or have special skills
H-1B Visa for Professionals
The H1B visa category applies to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability.
L-1 Intracompany Transferees
The L1 visa category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. Certain categories of this type of visa may lead to a greencard/lawful permanent residency status. These workers come to the U.S. as intracompany transferees who are coming to perform services either:
- In a managerial or executive capacity L-1A
- Which entail specialized knowledge L-1B for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad.
H-3 Company Trainee
The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.
TN Professional Visas Under NAFTA
The TN visa category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.
How Do I Apply for an Investor Visa?
The Gerardin Law Firm will be pleased to assist you in securing your investor visas. We will assist with preparing documents and letters, continuing the case at all processing stages until you receive your visa.
Some people must apply for a different type of visa within the appropriate category. These people include, but are not limited to:
- students
- temporary workers
- crewman
- journalists
Travelers from eligible countries may be able to visit the United States without a visa through the Visa Waiver Program.
Qualifying for a Visa
If you are applying for a visitor visa, you must show that you meet the qualifications under the provisions of the Immigration and Nationality Act. The law presumes that every visitor visa applicant is a potential immigrant. You must overcome this presumption by demonstrating that:
- You are entering the U.S. for business, pleasure, or medical treatment
- You plan to remain in the U.S. for a specific, limited period
- You currently have a residence outside of the U.S., along with other binding ties, which will ensure your return abroad at the end of your visit
Passing through a U.S. Port of Entry
If you are an applicant, you should be aware that a visa does not guarantee entry into the United States. The U.S. Citizenship and Immigration Services (USCIS) has the authority to deny a person’s admission and the USCIS also determines the amount of time a person with a visitor visa may remain in the U.S.
At the port of entry, a BCIS official must authorize your admission into the U.S. At that time, the USCIS Form I-94 (a form that notes the permitted length of stay), is stamped. If you wish to stay beyond the time indicated on your Form I-94, you must contact the USCIS to request an Application to Extend Status.
We Can Help
At the Gerardin Law Firm, we can assist you in securing your temporary business or tourist visa application. We can also help you obtain your Application to Extend Status. Our staff will handle the preparation of your important legal documents and letters. Our immigration attorneys will work with you throughout the various processing stages until you receive your visa.
Contact our law office to discuss your visa application today. |
