A BUSINESS visa attorney can let you know all types of visas that you might be able to apply for under U.S. immigration law. Depending on your situation, the type of visa will differ.
For example, a business visa attorney might tell you about the H-1B, which is people who have college degrees. The business visa attorney will explain that the H-1B is referred to as the specialty occupation visa. The job itself must reflect the reality of the position requiring the use of the college degree. The business visa attorney would explain that you could not be a cashier with an electrical engineering degree and still expect to get the H-1B. There are only 65,000 H-1B visas per year. The business visa attorney may elaborate that those are usually gone in the first week that the door opens in which to apply for the H-1B (which is April 3.) It is time to apply right now, so don’t wait.
However, there are many types of business visas that do not require a college degree.
For example, there is the O-1 visa. The business visa attorney explains that the O-1 is for people who are extraordinary in whatever it is that they do. There are several requirements for the O-1 as would be elaborated by the business visa attorney. You must be able to establish that you have extraordinary ability in your field. Essentially, the O-1A visa is for people who are recognized as being at the very top of their field and who are coming to the United States to continue work in that field. To establish eligibility for an O-1A visa you must either have received a major, internationally-recognized award, similar to a Nobel Prize or submit evidence that affirmatively answers at least three of the eight categories as put forth and explained by the business visa attorney.
Those areas are as follows: Have you received a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor? Are you a member of any associations which require outstanding achievements of their members as judged by recognized national or international experts? Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
Other questions/categories as explained by a business visa attorney are as follows: Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization? Have you made original scientific, scholarly or business-related contributions of major significance? Have you authored scholarly articles in professional journals or other major media? Have you been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation? Have you or will you command a high salary or other remuneration for your services?
Yet, other types of business visas involve investments. For example, there are the E-2 and the L-1. These are visas for persons who want to either start their own business in the U.S., or in the alternative, to open up a branch office in the U.S. Thus, the business visa attorney will explain that the E-2 will require an investment of around $100,000, but you can run your own business and come to the United States to make your dream come true. The L-1 requires much less investment but would require that you have very good records for the company you are running in your home country. The typical business visa attorney will know that many countries do not keep good records and are running businesses without invoices and contracts and tax records. These types of businesses are not very good businesses for the L-1. Another type of related investment visa is the E-1 and the E-1 deals with trading with your home country. Therefore, if the business does at least 50 percent of its work trading with the home country, then the E-1 might be the best way to proceed forward.
The B-1 can be used if you want to come into the United States to negotiate contracts for your company in your home country, or if you have to do temporary training or attend conferences. These are very short duration visas and can be quickly issued.
Another type of business visa if you’re from Canada or Mexico is the TN visa. The TN is somewhat related to the H-1B, except there are no limitations on the amount of TNs and some TNs do not require a college degree. In any event, if you want to get a business visa, be sure that you find an experienced business visa attorney.
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
