L-1A – Inter-Company Transfer (Executive or Manager)
The intent of the L1-A non-immigrant visa (also referred to as “intra-company transfer”) is to allow a US based employer to relocate an executive or a manager to their offices in the United States. The L1-A non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an executive/manager to establish an office in the United States.
Eligibility
There are different eligibility requirements depending on the nature of the application for a L-1A visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The U.S. employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-A visa holder’s stay in the United States. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Foreign Business
A foreign employer looking to send executive/managerial staff to set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will support a position of an executive/manager one year from the approval date. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will be granted an initial stay of one year. All other qualified employees may be granted an initial maximum stay of three years. The L-1A employee can request an extension in increments of two years for a maximum of seven years.
L-1B – Inter-Company Transfer (Specialized Knowledge)
The intent of the L1-B non-immigrant visa (also referred to “intra-company transfer”) is to allow a US based employer to relocate an employee with specialized knowledge to their offices in United States. The L1-B non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an employee with specialized knowledge to the United States to help establish an office.
Eligibility
There are different eligibility requirement depending of the nature of the application for a L-1B visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The US employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-B visa holder’s stay in the United States. The L-1B employee must show they were employed in an position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Foreign Business
A foreign employer looking to send employee with specialized knowledge to help set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will be able to financially support a specialized knowledge position. The L-1B employee must show they were employed in a position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will granted an initial stay of one year. All other qualified employees may be granted a initial maximum stay of three years. The L-1B employee can request an extension in increments of two years for a maximum of stay of five years.
How can we help….
The Law Offices of Trupti N Patel & Associates – Immigration Attorney Boston – has a long and successful history of working with companies from startups to well established corporations and guiding them on successfully obtaining the L1-B/L2 applications. If you would like a consultation regarding L1-B/L2 Visas with one of our immigration lawyers please call us at (617) 367-6750.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
H Visas
The following categories of H Visas are available:
H-1B Specialty Occupations
As companies strive to maintain their competitive edge in an ever-competitive world, they look to recruit the best talent to give them the edge, They recruit from both domestically and internationally. The H-1B visa allows businesses with a US presence to recruit foreign nationals to work in the United States in a variety of professions which include Information Technology, Medical and Scientific Research, Banking and Finance, Education, and Manufacturing. In order for a job to qualify as a Specialty Occupation, its minimum requirement should be a Bachelors’s or higher degree. The H-1B applicant must meet one of the following criteria:
- must have a US Bachelor’s or higher degree from an accredited institution of Higher Education
- must have a foreign degree equivalent to a US Bachelor’s or higher degree
- must have an unrestricted state license, registration, or certification which allows them to practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- must have education, training, or progressively responsible experience in the specialty occupation that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through greater responsibilities in the positions directly related to the specialty occupation.
H-1B1 Specialty Occupations
The H-1B1 program allows employers to temporarily employ foreign workers from Chile and Singapore in the U.S. on a nonimmigrant basis in specialty occupations. Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6,800 with 1,400 from Chile and 5,400 from Singapore.
H-1B2 DOD Researcher and Development Project Worker
The requirement for this position is the same as for H-1B1 visas but the beneficiary does not have to file a Labor Condition Application.
H-1B3 Fashion Model
In order to qualify for the H-1B3 visa, the position must require a fashion model of prominence. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
Period of Stay
The non-immigrant H-1B visa allows the beneficiary to stay and working the United States for up to three years. This can be extended for another three years for a total stay of 6 years. There are exceptions to this and we advise that you speak to an immigration lawyer for further details.
Family of H-1B Visa Holder
The spouse and unmarried children (under 21 years) may apply for an H-4 visa. As of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can apply for Employment Authorization, as long as the H-1B holder has started the process of seeking employment-based lawful permanent resident status.
H-1B Process
Once you have met with one of our immigration Lawyers and we have determined that your academic as well as work background qualifies for the H-1B visa, we will start the process by filing a Labor Condition Application. Once the Labor Condition Application has been approved, we will proceed to file the H-1B petition on your behalf.
H-1B Cap
Currently, there is a limit of 65000 H-1B1 non-immigrant visas which are issued every year (commencing October 1 until September 30th the following year). There are also an additional 20,000 visas available to foreign nationals with a master’s degree from a US institution of higher education. Since the United States Citizenship and Immigration Services (USCIS) normally receives more applications than there are H-1B visas available, they have instituted a lottery system. Each March, USCIS begins accepting Registrations for the H-1B CAP from candidates. As they have received far more application than the slots available in recent years, they randomly selects candidates from the registrations received. Only the selected candidates can proceed to submit their H-1B petition.
H-1B workers who are employed or petitioned by a higher education institution or its affiliated or related non-profit entities or a non-profit research organization, or a government research organization are not subject to this numerical cap.
H-1B Filing Fees
The current USCIS filing fees for the H-1B visa are:
- H-1B Application fee: $460
- Fraud Prevention & Detection fee: $500
- AWIA Fee*: $1500 (more than 25 employees) or $750 (25 or fewer employees)
*American Competitiveness and Workforce Improvement Act (ACWIA)
Premium Processing Service
For an optional fee of $2,500, a business can request that an application filed on their behalf be processed and the petitioner notified within 15 calendar days. The USCIS will issue an approval, a request for more information, or a notice to deny or to investigate within 15 days. If the USCIS is unable to respond within 15 calendar days, it will refund the premium processing fee and continue to process the application under the premium processing service. The Premium Processing Service is only available for employment–based petitions such as H-1B.
H-2A Agricultural Workers
The H-2A program allows U.S. employers to bring foreign nationals from certain countries to the United States to fill temporary agricultural jobs. The employer must file H-2A petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary of seasonal and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.
Period of Stay
The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.
Families of H-2A Workers
An H-2A worker’s spouse and unmarried children under 21 years of age may apply for a H-4 nonimmigrant visa. The workers family is not eligible for employment in the United States while in H-4 status.
H-2B Non-Agricultural Workers
The H-2B visa allows employers to bring foreign nationals from certain countries to the United States to fill nonagricultural temporary job openings. The US employer must file on the prospective worker’s behalf. The employer must file H-2B petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.
Period of Stay
The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.
Families of H-2B Workers
An H-2B worker’s spouse and unmarried children under 21 years of age may apply for a H-4 nonimmigrant visa. The workers family is not eligible for employment in the United States while in H-4 status.
H-2B CAP
The United States Congress has set a limit of 66, 000 H-2B visas per fiscal year (October 1st- March 31st) with 33, 000 H-2B set aside for workers who begin work in the first half of the fiscal year and 33, 000 for those to start in the second half of the fiscal year. Any H-2B visas not allocated in the first half of the year are available for the second half.
H-3 Nonimmigrant Trainee/Special Education Exchange Visitor
The H-3 nonimmigrant visa allows foreign nationals to temporarily visit the United States to receive (a) training in any field of endeavor (other than graduate medical training) that is not available in the foreign nationals’ home country or (b) participate in a special education exchange visitor training program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities.
Some of the fields for which the H-3 visa is available are agriculture, commerce, communications, government, and finance. The H-3 visa is not available for employment in the United States, it is intended to provide foreign nationals with training that they can use in their work in their home country.
Period of Stay
The trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a participant in the special education exchange program they may remain in the United States for up to 18 months.
Family of H-3 Visa Holders
Trainees’ spouses and children who are under the age of 21 may accompany the H-3 Visa holder to the United States as H-4 nonimmigrants. H-4 nonimmigrants are not permitted to work in the United States.
Frequently Asked Questions about the H-1B Visa
Why are there differences in the time taken to process H-1B1 visa applications?
The time taken to process an H-1B1 application (even if the visas were filed at the same time) differs depending on the USCIS center processing the application as well as the workload of the USCIS officer handling the application. There is nothing that our law offices can do to influence this process.
How long can I stay in the US on an H-1B status?
Generally, a person can work in the United States on an H-1B1 status for up to six years – the initial approval is given for three years which can be subsequently extended by another 3 years with an extension of stay being filed. If the applicant wishes to stay in the United States beyond the 6 years then a labor certification must be filed for the applicant 365 days prior to the time limit of 6 years expiring and if there is an approved I-140 visa petition on behalf of the applicant and there is no immigrant visa number availability for the applicant to apply for legal permanent residency.
Can I start my own business as a beneficiary of an H-1B1 or H4 with EAD?
The answer to this question is not straightforward. The following outlines some of the issues that the H-1B1 holder must take into account:
- The beneficiary cannot be the sole proprietor of the business entity. The business entity must have a governing authority (CEO, Board of Directors) other than the beneficiary that has complete decision-making authority regarding the pay, hiring, and firing of the beneficiary – the beneficiary must be treated no different to any other employee of the business entity.
- The position within the new business entity cannot be created for the sole purpose of obtaining an H-1B1 visa for the beneficiary.
- The position that the beneficiary plans to occupy within the business entity must adhere to all the requirements stated under the conditions of obtaining the H-1B1 Specialty Occupations visa.
- The business entity may sponsor an investor for the H-1B1 visa but getting approval for such cases is complicated and we advise the reader to seek legal advice.
- A person holding an H4 EAD status can start a business in the United States, however, they must be aware that should their circumstances change, for example, if their spouse becomes out of status and has to leave the country, they may lose everything they have invested in the business. Also, they must realize that their spouse may not work in the business as that would violate the terms of their H-1B1 status.
As mentioned previously, these are only just some of the issues surrounding the question of starting a business as an H-1B1 visa holder. Since every individual situation has particular factors associated with it and to avoid violating the conditions of your existing H-1B1 visa, we advise that you seek legal advice to discuss the full range of questions before starting any such business endeavors.
E-1 – Treaty Traders and Qualified Employees
Business immigration : E-1 Treaty Traders
The E-1 Treaty Trader visa is a nonimmigrant visa that allows nationals of a foreign country to enter the U.S. to engage in trade. A treaty trader is a foreign national who belongs to a country that is a signatory to a treaty with the United States for business and navigation. The E-1 visa is available to qualified individuals or employees of a treaty trader organization. Trade includes commercial trade in goods and services like, for example, Banking, Insurance, Transportation, Travel and Leisure, News Media, Accounting, Engineering, Management Consulting, Technology as well as other measurable services.
Eligibility for E1 visa
You may qualify for an E-1 Treaty Trader visa if:
- You are a national of the treaty country
- You meet the definition of an employee and have the same nationality as the sponsoring treaty trader organization or individual. The employee must be employed in a managerial capacity otherwise they must be an employee with special qualifications (such as a degree, or special skills) making them essential to the organization’s operations.
- It is an organization that is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.
- While residing in the United States, the treaty trader or employee must work in the activity that was approved when the initial E-1 visa was granted. Approval must be obtained from USCIS if there has been a change in the beneficiary’s role. Under certain circumstances, an E-1 employee may work for the parent organization.
Application for an E-1 Treaty Trader Visa
If the treaty trader is in the United States under a non-immigrant visa (in-status), they may apply for a Change of Status to an E-1 visa. If the treaty trader is outside the United States, they or the organization they belong to can apply for an E-1 Visa.
Length of stay
A treaty trader or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years after the initial period. There is no limit on the number of extensions a treaty trader can apply for.
Family of E-1 treaty Trader
The family members of the E-1 Treaty trader or employees may also apply for dependent E-1 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and on approval would be able to work in the United States in an unrelated field from the treaty trader.
E-2 – Treaty Investor Visa
The E-2 Trader Investor visa allows nationals of a country which maintains a commercial and navigation treaty with the United States to enter and reside in the United States while making a significant investment of monetary value in the United States. The U.S Department of State maintains a list of qualifying countries. Certain employees of the qualifying organization can also apply for the E-2 Treaty Investor Visa.
E-2 Treaty Investor Eligibility
In order to qualify for the E-2 Treaty Investor Visa, the investor:
- Must be a citizen of the treaty nation
- Must have invested or actively involved in the process of investing a significant amount of money in a legal enterprise based in the United States with the aim of producing goods and/or services for profit. The objective of the investment is to generate profit, however, the investment must also be subject to losses.
- Must be looking to enter the United States for the purpose of developing and managing the enterprise. The investor must show that they have ownership of at least 50% of the business or that they have managerial control of the entity via other means.
- Must have the same citizenship as a Treaty Investor and employed by the Treaty Investor.
- Must be employed in a Managerial capacity or must have special skills which make the essential part of the Treaty Investor’s operations.
- Must be an organization which is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.
- The investment capital may not be marginal. That is to say that investment must be substantial and sufficient in either existing or new entities being created to ensure successful operation of the entity. A capital investment that does not have capacity to generate enough income to support the treaty investor and their dependents may not be allowed unless the new entity shows that it can demonstrate a plan to generate sufficient income five years from the date that the E-2 visa was issued.
Period of Stay
A treaty Investor or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years before the initial period expires. There is no limit on the number of extensions a treaty investor can apply for.
Family of E-2 Treaty Investor
The family members of E-2 Treaty Investor or employees may also apply for dependent E-2 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and would be able to work without specific restrictions.
E-3 – Restricted Specialty Occupations
The E-3 visa is only available to the nationals of Australia who are entering the United States to work in a specialty occupation which requires knowledge in a professional field that requires a bachelor’s degree. The worker must have a job offer from an employer in the United States. If the worker holds a non-immigrant visa (and is in status) and is already in the United States, they can file for a Change of Status with the USCIS.
Period of Stay
The initial period of stay is for two years. This can be extended in increments of two years without limits on the number of extensions (except in some cases).
Family of E-3 Visa worker
The spouse and children (unmarried and under 21 years of age) of the E-3 visa worker can also apply for the E-3 Visa. The spouse of the E-3 visa holder can also apply for work authorization.
How can we help?
The Law offices of Trupti N Patel & Associates, Business Immigration Attorneys, Boston have experience in obtaining E-Treaty Trader visas on behalf of their clients. If you are looking for an experienced Immigration Attorney to help you or your organization apply for an E-1 visa, please call us at (617) 367-6750.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
The D-2 non-immigrant visa is reserved for crew members leaving one vessel to join another. The D-2 permits those traveling with the crew member to stay as long as the visa is valid.
Eligibility
All foreign crew members including pilots, flight attendants, chefs, musicians, Stewards, air hostesses, seaman or technicians are eligible to apply for a D visa.
Family Members
The family members traveling with the crew member (but are not working on the vessel) must apply for a B-2 visa.
How can our Boston Immigration Lawyer help you…
If the individual is transitioning through the United States and has a long layover or if the individual is a crew member on a vessel arriving in the United States, contact the Law Offices of Trupti N Patel & Associates to see how we can apply for an appropriate visa for you.
Law Offices of Trupti N Patel & Associates
One Boston Place
210 Washington Place #2600
Boston, MA 02108
Crew Visas
These non-immigrant visas are reserved for crew members aboard vessels that are arriving at a US port.
D-1 Visa
The D-1 non-immigrant visa is reserved for crew members (except those on US fishing boats) aboard ships or aircraft that will be docking or landing temporarily in the United States. The maximum length of stay on a D-1 visa is 29 days.
