Treaty Traders and Qualified Employees – E-1

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 Treat 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 attained 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 treat trader can apply for.

Family of E-1 treaty Trader

The family members of E-1 Treaty traders or employees may also apply for a dependent E-1 visa. 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.

How can we help?

The Law Offices of Trupti N Patel & Associates, Business Immigration Lawyer, Boston has experience in obtaining E-Treaty Trader visas on behalf of their clients. If you are looking for an experienced Immigration Lawyer 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

Immigration – Green Card

The green card (known as a permanent resident) gives the foreign national a right to live and work in the United States. Permanent residency can be obtained in a number of ways:

• Green Card through Employment
• Green Card Through Family
• Other Ways of obtaining a Green Card

Employment based Green Card

The Immigration and Nationality Act makes 140,000 employment-based immigration visas available every year. The employment-based visas are divided into the following 5 categories:

• Employment-Based, First Preference (EB1) – Priority Workers. This category is reserved for:
  • Foreign nationals who have demonstrated outstanding ability in the field of science, arts, education, business, or athletics.
  • Outstanding Professors and Researchers
  • Executives and Managers
• Employment-Based, Second Preference (EB2) – Professionals Holding Advanced Degrees, or Persons of Exceptional Ability
• Employment-Based, Third Preference (EB3) – Skilled Workers, Professionals Holding Baccalaureate Degrees.
• Employment-based, Fourth Preference (EB4) – Special Immigrants.
• Employment-based, Fifth Preference (EB5) – Employment Creation Investors.

Family based Green Card

Family based immigration is divided into the following categories:

• Immediate Relatives of a US Citizen. This includes Spouses, widowers, and unmarried children (under 21 years of age) of a US citizen and parents of a US Citizen who is 21 or older.
• Returning Residents. Immigrants who had previously lived in the United States as lawful permanent residents and are returning to live in the United States after living abroad for more than one year.

The above-mentioned types of  family-based immigration visas do not have a yearly quota.

• First Preference. Unmarried children (and their children) of a US citizen. There is a yearly limit of 23, 400 visas for this category.
• Second Preference. Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. There is a yearly quota of 114, 200 for this category.
• Third Preference. Married sons and daughters of U.S. citizens, and their spouses and children. There is a yearly limit of 23,400 visas for this category.
• Fourth Preference. Brothers and sisters of Citizens of the United States, and their spouses and children, provided the U.S. citizens are at least 21 years of age. There is a yearly quota of 65,000 visas reserved for this category.

Other ways of Obtaining Green Cards

Although obtaining a Green Card through employment and family are the most common ways, there are other ways to qualify for a Green Card as described below:

• Diversity Immigrant Visa Program
• K Visa
• Special Immigrant Juvenile Status
• Refugee/Asylum

Green Card Through Lottery

A Diversity Program mandated by the United States allocates 50, 000 visas per year to nationals from countries with low rates immigration to the United States. The applicants must meet specific requirements including specific skills/work experience.

K – Visa

The K Visa was created to speed up the immigration process for the fiance’ and the children of a US Citizen so that they can accompany them in the United States as soon as possible. For further information on the K-Visa, please see here.

Special Immigrant Juvenile Status

The SIJ program was created to help foreign children in the United States who have been abused, abandoned, or neglected and so are unable to be reunited with a parent obtain a green card and live and work in the United States.  In order to qualify for a Green Card through the SJI Act, the following condition apply:

• the recipient of the visa must be a dependent of the court or in the custody of a state or private agency or living with a private family. The court order must be in place at the time of filing.
• it is not in the interest of the recipient to their home country or the country they last lived in.
• the recipient cannot be reunited with their parents if they were abused, abandoned, or neglected.
• the recipient must be in the United States at the time of filing the visa.
• the recipient must be under 21 years of age.
• the recipient must be single while the visa is being adjudicated.

The recipient of a Green Card through the SJI program cannot petition for their parents and are only permitted to petition for their siblings until after they have become US citizens.

Refugee/Asylum

A person can apply for a Green Card one year after :

• being admitted into the United States as a Refugee or a member of a qualifying family member of the asylee.
• after being granted Asylum in the United States

Refugee

You must apply for a Green Card 1 year after you are admitted to the United States as a refugee if you:

• Have been physically present in the United States for at least 1 year after being admitted as a refugee
• Have not had your refugee admission terminated
• Have not already acquired permanent resident (Green Card) status

Asylee

The asylee can apply for a green card one year after being granted asylum if they:

• Have been physically present in the United States for at least 1 year after being granted asylum
• Continue to meet the definition of an asylee (or continue to be the spouse or child of such asylee)
• Have not abandoned your asylee status
• Are not firmly resettled in any foreign country
• Continue to be admissible to the United States

Removal of Conditions

Under certain circumstances a beneficiary may be granted a conditional permanent residency in the United Stated. The beneficiary may qualify to have these conditions removed by filing an application with the USCIS. Please see here for further information on removal of conditions.

How we can Help

Trupti N Patel & Associates – Immigration Attorney Boston has experience of filing for Green Card in various categories including for Business Immigration, Family Immigration, K-Visa and on behalf of asylees. Please call us at (617) 367-6750 or click here to request a consultation with one of our Immigration Attorneys at our offices in Boston, Massachusetts.

If you are planning on attending an in-person consultation with one our immigration Attorneys, you might like to 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

Immigration: Citizenship

US citizenship is automatically granted to a child born in the United States and its territories – this is also the case for children born to a US citizen. An individual born outside the United States can become a citizen through a process known as naturalization. In order to qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA), you must have been a green card holder (permanent resident) for at least three years or must have been married to a U.S. citizen for a period of three years.

In some cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.  For further details for applying for naturalization under this condition, please consult an immigration attorney.

Eligibility

There are a number of requirements that the applicant must meet in order to qualify for naturalization as stated in section 319(a) of the INA. Some of these requirements are listed below:

• the applicant must be 18 years or older.
• the applicant must have been a permanent resident (green card holder) for at least 5 years immediately preceding the date of filing for the Naturalization process.
• the applicant must have been married to a U.S. citizen (for at least three years prior to the naturalization application of the spouse).
• the applicant must reside continuously in the United States from the date of application for naturalization until the naturalization has been approved.
• the applicant must have been physically present in the United States for at least 18 months out of the 5 years immediately prior to applying for naturalization.
• the applicant must be to read, write, and speak English and have knowledge and understanding of U.S. history and government
• the applicant must be of good moral character.

Advantages of becoming a US citizens

Along with the rights and freedoms that are bestowed on its citizens as stated in the United States Constitution, there are other advantages to becoming a US citizen namely the tax advantages as good eligibility for certain government grants and scholarships.

The Naturalization Test

The Law Offices of Trupti N Patel & Associates can help you by preparing all the paperwork and filing for your citizenship as well as advising you of any issues that need to be addressed beforehand to make sure that your application is processed efficiently. If you would like a consultation with one of our immigration lawyers regarding Citizenship, please call us at (617) 367-6750 or click here to submit a request for a consultation with our Immigration Attorneys in Boston, Massachusetts.

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

Inter-Company Transfers – Executive or Manager L1-A

The intent of the L1-A non-immigrant visa (also referred to “intra-company transfer”) is to allow a US based employer to relocate an executive or a manager to their offices in 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 requirement depending of 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 granted an initial stay of one year.  All other qualified employees may be granted a initial maximum stay of three years.  The L-1A employee can request an extension in increments of two years  for a maximum of stay of seven 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/L2 applications. If you would like a consultation regarding L1/L2 Visas with one of our immigration lawyers please call us at (617) 367-6750 or click on here to submit an email requesting a consultation with our Immigration Attorneys in Boston, Massachusetts.

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