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With the exception of the "million
dollar investor" category, most individuals seeking to live permanently in
the United States must first enter through a temporary visa. The United
States Government refers to such visas as "nonimmigrant visas," and these
range from the routine B-1/B-2 Tourists/Business Visa to highly
specialized categories for entertainers, artists and multi-national
employees.
What follows below is a very brief
summary of each of the visa categories. The purpose of these summaries are
to assist you in evaluating whether you may be eligible for any particular
working visa in the United States. Please bear in mind that the
immigration laws are under constant change and that some of the
information contained herein may or may not apply to the specific facts of
your particular case.
B-1
The "Business Visitor" visa is the most commonly utilized category for
persons initiating business activity in the United States. (B-1 visa
applications rarely require the assistance of an attorney.) The visa is
issued upon the merits of the individual applying; ordinarily, it is not
necessary to retain counsel in applying for a B-1 visa. The B-1 allows an
individual to incorporate in the U.S., acquire property, sign contracts,
etc.; it precludes the individual from directly managing any U.S. business
or in any way receiving wages from a U.S. source, even if self-owned.
L-1
The "Intracompany Transferee" category is available to individuals who
either own or are employees of a foreign corporation in which they have
worked for at least one of the prior three years, in an executive,
managerial, or specialized-knowledge capacity. The employer must be a U.S.
corporation related directly, in any one of a variety of ways, to the
foreign company. The L-1 visa carries a maximum approval of seven years,
but is perhaps the most direct conduit to permanent residency in the
United States.
E-1
The "Treaty Trader" category is available to individuals from nations that
have signed a treaty of trade and commerce with the United States. The
Treaty Trader visa is available for an unlimited number of years and
allows the spouse and minor dependents of the recipient to live and attend
school in the United States. While
many large corporations involved in
import/export utilize the category, it is most frequently used by small to
mid-size companies seeking a permanent trading presence in the United
States.
E-2
Like the E-1, the E-2 "Treaty Investor" allows a foreign individual or
corporation to invest actively in a U.S. business and remain in the U.S.
while operating and managing it. Like the E-1, it has no limit on the
number of years and does not require an unabandoned foreign residence. The
Treaty Investor visa is not limited to any particular type of business and
it can include restaurants, manufacturing, and virtually any other type of
activity permissible by law.
O Visa
The O visa is set aside for aliens of " extraordinary" ability in the
sciences, arts, education, business or athletics, certain aliens
accompanying or assisting those aliens, and their family members. The
fundamental requirement for an O visa is to have reached the top of the
profession or endeavor for which the alien seeks admittance into the
United States. The beneficiary of an O visa may remain in the States until
the event, project or activity for which the alien is admitted is
completed. The initial period of stay can be sought for three years and
thereafter one-year increments may be sought to complete the activity,
event or project. An employer must petition for the O alien; the petition
must be submitted only after the employer consults with a peer group,
labor organization, or management organization regarding the work to be
performed and the alien's qualifications. In most cases the consultation
takes the form of a written advisory opinion from a peer group.
P Visa
The P visa category covers those entertainers and athletes who cannot
qualify under the extraordinary ability standard of the O category. The
category covers alien athletes who compete individually or as part of a
team at an internationally recognized level and aliens who perform with
or, are an integral and essential part of the performance of, an
entertainment group that has received international recognition as
"outstanding" for a "sustained and substantial period of time."
NOTE: The above is for
informational purposes only and does NOT provide legal advice. You
should consult a qualified legal advisor on any immigration issue.
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