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1340 Tuskawilla Road
Suite 106
Winter Springs, FL 32708
Phone: (407) 699-1110
Fax: (407) 699-1165
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B-1 BUSINESS VISITOR VISA: - Available for short stays of six months or less
- Must demonstrate temporary intent.
- Must pay rolled aboard.
- Typically used to meet with clients or attend business meetings or seminars.
- Domestic servants of US citizens and temporary residents may come here on this visa.
B-2 VISITORS FOR PLEASURE: - Vacation purposes
- Short educational programs
- Medical treatment
- Not for au pairs
- Citizens of most Western European countries and Japan, Australia, and Korea may come to the US for visits of 90 days or less without a visa. All persons entering the US on a visa waiver must register with ESTA after January 12, 2009.
- www.cbp.gov/esta
INVESTORS VISAS-TEMPORARY: - E-2 Visa
- Based an investment by a Treaty Country in a business in the United States.
- Employees must be citizens of treaty and companies must be at least 50% owned by treaty nationals.
- Must demonstrate that the foreign national ( or group of foreign nationals) have made an active invest in the United States.
- The Investment must be proportionate to the start up cost, and will vary depending on the type of business and locale.
- Foreign national must be a national of the treaty country
- Foreign national must be coming to the United States to be employed in an executive or managerial capacity or possess "an essential skill"
- E-2 Visa can be obtained in renewable increments of five years.
- Applied for directly at the US Embassy.
INVESTOR VISAS-PERMANENT: - EB-5 Program
- Must invest $1 Million (or $500,000 located in a targeted employment area) in a new commercial enterprise, or if existing, must improve net worth of company by 40%.
- Must employ ten US citizens
- Must be involved in day ti day management or in policy formation
- May either own business outright or as limited partner in a Pilot Program.
TRANSFEREE VISAS-TEMPORARY: - May be much less costly and much more expedient than investor visas.
- May obtain temporary and permanent status for a smaller investment than the investor visa.
- Investor has better control of capital.
- Must demonstrate that the US entity is either the parent, subsidiary, affiliate or be in a joint venture with a foreign company.
- Must demonstrate that the foreign national had been employed in either an executive managerial or specialized knowledge capacity for the entity abroad for one in the past three years.
- Must demonstrate that the job duties in the US will be executive, managerial or specialized in nature.
- For US start up businesses the visa is issued for one year, and can be extended in two year increments after first year upon USCIS review of business activity.
- For an existing business, the L-1 visa can be issued for initially three years and renewed for two two year periods for executives and managers and for one two year period for specialized knowledge.
- Citizens of Canada can apply for the L-1 visa at a US port of entry; all others must pre-apply with the USCIS in the United States and then take approval notice to an US Embassy or Consulate abroad.
INTRA COMPANY TRANSFEREE VISAS-PERMANENT: - Green card corollary to the L-1A temporary visa
- Must have been a manager or executive abroad and a manager or executive in the United States.
- Must prove that US company can pay the official wage
- NO WAITING TIME. The applicant may file a petition and application for adjustment of status at the same time with the USCIS; all processing done by mail.
- Spouse and children under twenty one can also get green cards
- Cases split after issuance of green card, which means the principal may abandon his green card and spouse and children may stay in the US.
- Own company may be L-1 and green card sponsor.
THE RICH AND FAMOUS -"O" VISA: - "Person of extraordinary ability" in the fields of BUSINESS, science, arts and athletics;
- May set up own company to sponsor as an agent
- Very top of his field
- Must include several types of evidence either one international award (Oscar, Emmy, Pulitzer, Nobel) or three other types of evidence including lesser known awards, speaking engagements, judging work of others, significant contributions, letters of reference.
- Must pre-apply with USCIS, and then bring the approval notice to the US Embassy or Consulate abroad.
- For initial period of three years, but can be renewed indefinitely for three years.
THE RICH AND THE FAMOUS-PERMANENT: - An alien of extraordinary ability-this is a subjective determination so standard may be some what higher than "O" visa.
- Can self petition- you can sponsor yourself; only need to prove that you will be working in the field once you get a green card.
- Can skip lengthy Department of Labor process and like EB-5 Intra company Transferee green card, can file petitions and applications for adjustment at same time.
H-1B VISA PROFESSIONAL VISA: - The foreign national must be engaged in a specialty occupation in the United States
- A specialty occupation is one which requires the minimum of a bachelor's degree or foreign equivalent and the alien has such a relevant degree.
- may substitute three years of experience for each year in college
- There is a quota of 65,000 H-1B visas pre year and a supplement quota of 20,000 more visas for advanced degrees from a US school
- Due to economy, there are still H-1B visas left for the fiscal year starting October 1st.
- H-1B visa is valid for three years and renewable for another three years. the six year limit can be extended if a permanent residency application is filed at least one year prior to visa's end.
- Must pre-apply to the USCIS; once approved, take approval notice to American Embassy or Consulate abroad.
LABOR CERTIFICATION PROCESS: - Requires a US employer to conduct a 30-180 day advertising campaign for requested person in six different types of media.
- Three mandatory recruitment steps and three discretionary steps:
- Must demonstrate that the alien will be paid the "prevailing" wage.
- Must demonstrate that any applicants have been properly screened and responded to.
- Must prepare a recruitment report and an "audit" file in the event that the information is requested at a later time.
- Filing is done electronically on Form 9089 with the Department of Labor. (it can also be mailed)
- Once application is "certified" the next step is to apply for an approval of an I-140 Immigration visa Petition with the USCIS within 180 days of certification, if the priority date is currently available, foreign national can immediately apply for final step of permanent residency. priority dates are determined by the date the labor certification is filed, or the I-140 is filed, if no LC is needed.
- Can apply in the US if legally in the US or at an American Consulate abroad.
- If the foreign national holds H-1B status, the process will enable them to extend beyond six years until permanent residency is approved if the labor certification was filed at least 365 days before end of last H-1B visa.
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