WORK 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.

• 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.

• 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.