Immigration Issues for Businesses

Business Immigration to the United States allows people who are desired by US employers to be admitted to the United States to work on a temporary or permanent basis.

Different visa categories are created for different purposes depending on the skills of the worker. Professional workers may apply for the H-1B while workers without higher education may obtain the H-2B Work Visa. These are some of the many visa categories available to foreign workers. There are different ways to do  business in the United States either as an individual or as a business owner.

Business Immigration as a Professional:

• B-1 Business Visa
  The B-1 Business Visa is a non-immigrant visa allowing individuals to visit the United States for business purposes. B-1 visa holders are not allowed to work for a salary in the United States, but they may conduct “business activities” such as hold presentations or attend seminars. The main advantage of the B-1 Visa is that the visitor may change status to another work visa (e.g. H-1B, H-2B or even apply for a Green Card) while being in the United States. This process is called change of status.
   
• H-1B Work Visa for College Educated Professionals
  The H1B visa enables professionals in "specialty occupations" to make a valuable contribution to the American economy. The purpose of the H-1B Visa is to give U.S. employers the opportunity to hire foreign individuals for jobs that require highly specialized knowledge. The U.S. government created the H-1B Work Visa category to help U.S. companies by issuing work visas for specialized occupations. The H-1B Work Visa category exists to help and boost the U.S. economy, and was created to provide an opportunity for foreign individuals to work in the United States. A maximum of 65,000 H-1B Visas are issued every year. The H-1B Visa is issued for up to three years but may be extended. This provides a maximum stay of six years. The H1-B Visa holder can apply for a Green Card provided a company wants to sponsor his or her application.
   
• E-3 Work Visa for Australians
  The E-3 Treaty Professional Visa is a relatively new work visa category, available only to Australian citizens. It is usually issued for 2 years at a time. The primary E-3 work visa applicant must be going to the United States to work in a specialty occupation similar to the H-1B Visa requirement. The spouse and children of the main E-3 Visa applicant do not need to be Australian citizens. Spouses of E-3 Visa holders are entitled to E-3D (dependent) visas and work authorization. The E-3 Visa holder can apply for a Green Card if a company wants to sponsor his or her application.

Business Immigration as a Business Owner:

• Green Card Through Investment
  Green Cards through investment (also called the Fifth Preference Green Card) are available to anyone who invests a certain amount of money in the United States by creating a business or expanding one that already exists. The investor must be active in the management of the company. A number of investors may join together in creating or expanding a U.S. business and each may qualify for a Green Card through one single company. However, the individual investment of each person must still meet the minimum qualifying amount, and each investor must be separately responsible for the creation of new jobs. A Green Card for an investor is first only issued conditionally for two years. When the two years are over, the investor will have to file a request with the USCIS to remove the condition and then become a permanent resident.

Do not hesitate to contact us at info@cplspa.com if you require any assistance with your business-based immigration to the United States.