WORK VISA - Immigrationbiz

How to start a business in the USA

The first thing to do to start a business in the USA is to form a corporate entity. You can incorporate either a Limited Liability Company (LLC) or a C-Corporation by filing the Articles of Incorporation in the state of your preference. The next thing would be to apply for EIN/FEIN and open a corporate bank account. Watch the video to learn more.

Once you have successfully opened a bank account, you will need to decide what Visa type is the best option for your business. You can choose from E-2 Treaty Investor Visa, E-1 Treaty Trader Visa, L-1A work Visa or O-1 Extra-ordinary Visa. If you invest a minimum of 500K you will qualify for EB-5 Green Card via Investment. Scroll down for more information about EB5 Visa. Watch the video to learn more.

E-2 INVESTOR TREATY VISA

This is a temporary Visa for individuals that are coming to the U.S. to oversee and manage an active business in which they have invested a significant amount of money. E-2 Visa is dependent on whether the candidate has invested substantially in a business in the U.S., prior to their application for the E2 Visa or not. The business in question must be fully functional or active. Note that investing in stocks or bonds does not require the investor’s presence. Such investments are considered speculative and are, consequently, not regarded as a basis for an E-2 Visa consideration. The Visa requirements specify that candidates must be involved in a fully functional entrepreneurial or commercial enterprise.

It is required that an applicant possesses at least 10% shares in the business enterprise and exercise a significant control over the business. This business should have a significant amount of trade with the U.S. The candidate must prove that he or she is capable of generating more income than minimal living costs and expenses in the U.S. The applicant must show financial authorization and control in his business dealings and should, therefore, be an active component in the business venture. Securing loans with the properties of your investment enterprise will not be allowed. It is suggested that your capital investment should exceed a minimum of $50,000. Therefore, the investment should not be marginal but substantial and of interest to the American economy.

HOW DO I APPLY FOR AN E-2 VISA?

It is estimated that it takes 3 to 5 months to process the application for the E-2 Investment Visa in the U.S., but it may take only 2 weeks if you are applying from your home country at the U.S. Embassy. However, you can use premium processing to receive a decision from the USCIS within 3 weeks. Be aware that during this process, any wilful misrepresentation or fraudulent behavior may result in the permanent refusal of the Visa.

The steps involved in applying for an E-2 Visa are as follows:

Check out the website of the United States Embassy or Consulate in the country you are applying form.
Complete the online Non-immigrant Visa Application, *Form DS-160, upload a photo and print the application form.
Schedule an appointment for your Visa interview, at the U.S. Embassy.
Collect the required documents including:
- Passport
- Non-immigrant Visa application
- The DS-160 form
- The application fee payment receipt
- Photo
- Non-immigrant Treaty Investor/ Treaty Trader Application
- The DS-156E form

Please ensure that you have all other relevant documents like academic certificates, marriage and birth certificates, etc. Prepare the documents that identify your company’s nationality of a Treaty country and financial documents that prove or identify the requirements of your company’s trade/business.
Learn more about the E-2 Investor Visa here.
Learn more about dependents E-2 Visa for your family members.

The L1A visa is a perfect solution for multinational managers or the individuals with significant control in the company. The L1B, in comparison, allows employees with specialized knowledge to be transferred from the home country to the U.S. affiliate for a temporary work.

It is important to note that L1-A visa is a dual intent visa, unlike other visas. You also do not have to work only in the U.S. That is to say, while you must work part-time as an executive in the United States to obtain this L1A, you can cross the border to work outside the U.S. as well.

L-1 WORK VISA

L1A MANAGER VISA REQUIREMENTS

You must act as a supervisor and be responsible for the actions of other employees.
You must act in the managerial capacity for example hire or recommend employees.
You must decide on and control the quality of work of other employees. In addition to supervising them, you must have control over their responsibilities and the content they produce.
You must have adequate education and be able to complete duties successfully.
You must be seeking only temporary work status though many later apply for green cards.
Within the past three years, you must have worked for a period of 1 year in the parent company abroad.
You must act as the manager over a subdivision, department, or entire organization.
You must first submit a petition with USCIS on Form I-129 in order to apply for L1A visa. In addition to this you must have documentation that proves the requirements above. If already living in the United States, you can request that your status to be changed. Spouses and dependent children can apply and may be awarded L-2 visas if the L1-A visa is approved.

L1B-INTRACOMPANY TRANSFEREE VISA REQUIREMENTS

YMinimum of 1-year previous work experience in parent company in the home country. This work must have been completed within three years prior to the visa application.
The candidate must have specialized knowledge of the company’s transactions.
A L1B visa is a non-immigrant work visa that allows you to work in the United States for a short period of time. This period of time ranges from three months to one year. It can be extended up to 7 years.
In order to qualify as specialized employee, applicant must be employed in a position that requires and demonstrates special knowledge. This can include, but is not limited to, the knowledge of:
- Products
- Services
- Management
- Operation

After the successful approval, you will receive an I-797 Notice of action showing the approval of the petition. This does not, however, guarantee that the visa will be issued. It does, though, show that such a visa will normally be granted if the U.S. Consular officer in the home country is convinced that the applicant holds such aforementioned specialized knowledge.

WHAT IS THE DIFFERENCE BETWEEN THE L1A AND THE E2 INVESTOR VISA?

Investor Visa enables the applicant to work and live in the US on a two-year basis, on the condition that he/she will control the commercial enterprise. The investment has to be substantial (recommended the minimum of $100,000). There are no regulations on how many times this visa may be renewed. To obtain an E2 visa, one must have at least 50% of shareholding or a controlling interest or stake in the company.

L1A Work Visa is a nonimmigrant visa, valid for a short amount of time (1 year). Depending on where you apply from it may be possible to extend this visa for additional three years and the maximum is seven years. The L1 visa consists of two distinct types: the L1 visa and the Blanket L-1visa. The L1 visa is available for the individual workers and the second is available for several employees. The E2 has no such categories for defining visa status. The requirement for L1 visa is that the individual must have worked abroad for minimum of one year for the parent company and that the company must continue to engage in similar business and activities in the U.S. The individual must show that his employment in this company is a result of specialized knowledge in a specific field of relevance to the business.

EB-1 GREEN CARD CATEGORIES

This employment immigrant visa allows for a permanent stay in the U.S. Labor certification is not necessary. Immigration requirements are that the individual must have an exceptional skill. The process for this application is not difficult. For some academic professions, a Labor certificate may be required. That includes scientists, researchers, professors, and managers of multinational firms.

This sub-category of an immigrant visa is further broken down into following three sub-categories, which are listed below. It is important to note that a multitude of variables can apply. There are many prerequisites in order to make a valid assessment of the individual’s petition.

EXTRAORDINARY ABILITY

The applicant must demonstrate achievement in the fields of science, art, sport, business or technology. The candidate must show credentials to outline his or her national acclaim. Their ability must be extraordinary. It is not necessary that the applicant has ensured employment before petitioning for this type of visa. The I-140 form is required, which should be submitted either to the USCIS or to the United States Citizenship and Immigration Services.

EXCEPTIONAL PROFESSORS AND RESEARCHERS

This visa is specifically for persons in academics who acquired the international acclaim. They must demonstrate recognition for their expertise and sufficient qualifications in the relevant field of interest. Three years of teaching or research is required to reinforce their accomplishments. This visa is relevant also for those who seek to work in the academic or teaching environment or academic research. The application for such a candidate must be filed by a prospective employer with a specific job offer under the Immigrant Petition for Alien Workers.

MULTINATIONAL MANAGERS OR EXECUTIVES

Executives of a particular business are also entitled to the immigrant visa. The perspective immigrants need to be employed by the company throughout the last three years. The applicant should have at least one year of managerial or executive experience in the parent company abroad. The individual must hold an executive position. The Immigrant Petition for Alien Worker must be filed by the U.S. employer.

EB-5 GREEN CARD VIA INVESTMENT

The government of the U.S. introduced a Regional Center Program, which is also recognised as the U.S. Immigrant Investor program. It was introduced as a method by which permanent residency of the U.S. was open to foreign investors who seek to invest substantially in the U.S. market. Therefore, if a minimum amount of $500,000 was invested by a foreign individual in an area that was demonstrating a high unemployment ratio; such individuals would accordingly qualify for a conditional green card for two years. This is also applicable if an amount of $1,000,000 was invested in a business enterprise which would be based in a geographically approved region, and which showed the potential of creating a minimum of 10 permanent full-time employment opportunities for the U.S. workforce.

The potential visa holder must demonstrate employment accomplishments, and agree to a two-year temporary or conditional stay. Upon satisfying these conditions, investors receive the unconditional green cards.

BENEFITS OF EB-5 GREEN CARD

The EB-5 immigrant visa is internationally recognised by foreign investors seeking to contribute and participate in the U.S. economy. The U.S. market is known for its relative stability and the legal system ensures a safe realm for investing.

Trade between the national Treaty country and the U.S. economy is encouraged, as is multicultural diversity within the market. Many foreign nationals are therefore afforded the opportunity to establish a working relationship with the U.S. that simultaneously embraces the interactions of their origins.

The investor should have the main control of his or her business. He or she should hold an executive or managerial position. This includes making decisions, creating and enforcing company policies, along with any other duties afforded to an individual with senior/manager/executive status in the company. For a limited partnership, these rules are not as applicable and vary from applicant to applicant and their contractual obligations. Manifold investors in the company are of importance in assessing the candidate’s entitlement to this visa. The number of other investors in the company will be subject to review and will have some influence on the applicant’s approval, even if they themselves do not seek to obtain the EB5 visa.

HOW TO APPLY FOR AN EB-5 GREEN CARD?

The financial prerequisite for ‘targeted employment places’ is $500,000 or $1,000,000 in a newly commercialised, industrialised area. The investor should create at least 10 full-time work positions for residents of the U.S. before becoming the Green Card holder. The spouse and the unmarried children below 21 years of age may also apply for their residency in the U.S.

HOW TO COMPLETE AN EB-5 GREEN CARD APPLICATION?

These procedures may be completed in the U.S. or abroad at the US Embassy/Consulate. This whole process should take about 5-10 months. The Form I-526, the Immigrant Petition for an Alien Investor, must be filed by the investor, and submitted along with the specified requirements of the USCIS. The green card that will be provided initially is conditional and will only be valid for up to 2 years. Before the conditional green card expires, the subject must file a Petition to Remove Conditions on the Form I-829.

Explore more about EB5 Green Card here.

happy clients

Three weeks after my first contact with immigration Biz, I had the Business Visa in my passport and a plane ticket in my hand.

VICTORIA B. Communication and Information Manager
Trying to figure out American immigration laws is like entering the world of The Trial by Franz Kafka. It's a world of complexities and perplexities that make you feel lost like K, the main character of the book. I am grateful for Marieta, the founder of ImmigrationBiz, for guiding me through this bureaucratic maze with her soothing advice and prompt responses to all my questions. Had Franz met Marieta and ImmigrationBiz team, he wouldn't have written this book. Therefore, I am super grateful.

DIMITRIOUS M. Journalist, New York
We approached ImmigrationBiz 2,5 years ago and Miss Marieta has been very helpful since. We had several Investor E-2 Visas prepared and filed by ImmigrationBiz that were all successfully approved. Additionally, we have sent intra-company transferee on E-2 essential employee Visa and the process was successful as well. The overall experience with ImmigrationBiz has been excellent. We continue our business relationship as other visa issues may arise.

PETER R. CEO, 2N USA LLC
It all seemed to be very complicated and since I’ve had some negative visa experiences in the past (different countries than US), I was worried that without mental preparation I won’t be able to answer sneaking questions at the US Embassy. We had some Skype conversations and several email exchanges where ImmigrationBiz assessed my case perfectly and helped throughout the whole process to prevent any mistakes.

PETER P. Entrepreneur, San Francisco
The cooperation with ImmigrationBiz has been wonderful and I am so glad to have my E-2 Investor visa approved. Now I can fly to the USA and manage my business without any limitations. Thank you.

Martin Findejs E-2 Investor Visa CEO, FOXPOWERS, INC.
It’s really amazing feeling to be able to enter the US on E-2 Investor Visa. The custom border officers treat you with respect. I even told my UBER driver about this experience. Great job, Immigrationbiz. Thank you, especially to the CEO of ImmigrationBiz, Marieta Oslanec for helping me to live my American Dream.

Ondrej Bartak, E-2 Investor Visa holder CEO, Shiptoworld.com
Totally loved working with Marieta and ImmigrationBiz. It's been a lot of work and paperwork but at the end is was worth it. I got my E-2 investor visa and now I am ready to rock the USA 🙂 You are in very good hands if you choose to work with Marieta & ImmigrationBiz

Tatiana Dudyez E-2 Visa Investor, Founder of Radiant Groupies, Inc.
The cooperation with ImmigrationBiz was great, we are two founders of InvoiceHome Inc. and both of us got E-2 Investor Visa without any problems. Thank you, ImmigrationBiz!

Invoice Home Inc, E-2 Visa Investors.
Thank you so much Miss Marieta! We got the work permit without any issues. Really appreciate it.

RTM Performance, LLC E-2 Visa Holders
Hey Marieta, This is to inform you that finally we got the E-2 Investor VISA approvals today and the game is on NOW. Finally, this became true Thank you!

Ahmad Alkhawaja CEO of GARAG INC.