Business and Entrepreneurship

The business world in the US can be quite fruitful and exciting. There is nothing as exciting as starting your own business. For the foreign nationals interested in entering the US business world, it is important that the right visa is chosen to help you achieve the American Dream.

Running a business in the US will make you competitive globally.

Visa Options

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

 

 

** Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also: Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

 

** Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

 

** Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

 

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

 

** Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

 

To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its

 

** Qualifying organizations. Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

Personalized, Immigration Legal Services In New York

Contact Us

Yao Law Group

1270 Broadway, Ste. 407,
New York, NY 10001

Email
elektra@yaolawgroup.com

Office
+1 646 490 8808
Cell
+1 917 587 9189

Email Subscriber

Scroll to Top