The E-1 Treaty Trader or the E-2 Treaty Investor is a nonimmigrant visa for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

- The applicant must be a national of a treaty country;

- The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

- The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

- The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

- Trade means the international exchange of goods, services, and technology.

- Title of the trade items must pass from one party to the other; and The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

* The investor, either a real or corporate person, must be a national of a treaty country;

* The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. * The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

* The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

* The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

* The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

* The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Dependents are not authorized to work in the United States.Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

EB 5: Immigration through Investment

Annually 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

"Alien investors" must:

• Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,

• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

Eligibility

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

The investor is one:

1.     Who is establishing a new commercial enterprise by:

• Creating an original business;

• Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or

• Expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

2.     Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

• At least $1,000,000, or

• At least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

3.     Whose engagement in a new commercial enterprise will benefit the United States economy and:

• Create full-time employment for not fewer than 10 qualified individuals; or

• Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

To qualify the investor must have evidence of the following:

That he is establishing a new commercial enterprise,

That he is investing the requisite capital amount,

That the funds for the investment come from a lawful source of funds,

That he is creating the requisite number of jobs,

That the investor is actively participating in the business; and, where applicable,

That the investor is creating employment within a targeted employment area.

Employment Based Visas

EB-1 Eligibility and Filing: Persons of Extraordinary Ability

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts.

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.

Please keep in mind that while the EB-1 worker of extraordinary ability may petition for himself or herself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.

EB-2 Eligibility: Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

EB-3 Eligibility: Skilled Workers, Professionals and Other Workers

EB-3 classification includes:

• Aliens with at least two years of experience as skilled workers;
• Professionals with a baccalaureate degree; and
• Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5.

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.

EB-4 Eligibility: Religious Workers

To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must be entering the United States to work:

• As a minister or priest of the religious denomination;

• In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or

• In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

NON-IMMIGRANT VISAS

 H. L, O, P, and Q visas entitle the holder to work in the United States. All require the company or other organization in the United States to first submit a petition to the Immigration and Naturalization Service (INS) for permission to hire a foreign worker. If the petition is approved, the company will be issued a form I-797 enabling the prospective employee to apply for a visa at the U.S. Consulate at his country of origin.

The H visa is intended for temporary employment in the United States. The H visa is a temporary worker’s visa for specialty occupations. The H visa is job and site specific, once approved, the employee is eligible to work only at the job for which that visa was approved. Ordinarily the H visa status may be obtained for up to three years and may be renewed for up to a second three-year period, or a total maximum of six years. However if the employer has filed a labor certification application on behalf of the employee or an I-140 petition has been pending for the employee for at least 365 days, the employee can apply and obtain one-year extension of his or her H-1B.The position must qualify as a “specialty occupation, which requires:

There are only 65,000 of these visas available per year. You must apply way in advance since these visas will run out fast.

INTRA-COMPANY TRANSFEREE VISA (L-1)

Employees of an international company who are being transferred to a parent branch, affiliate, or subsidiary of the same company in the United States may apply for Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a executive managerial or specialized position within the U.S. company, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

An L-1 visa is also the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. When filing the petition, the international company will be required to show that physical premises for the new office and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year. Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay may apply for derivative L-2 visas. The application procedure is the same; the I-797A or B covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holders visa must be furnished with the application.

These visas are for performers or trade workers possessing unusual or extraordinary skills who plan to perform, teach, coach, or participate in cultural exchange in the United States.

Visa “P” - Persons with Extraordinary Ability & Members of the Entertainment Profession:

The “O” visa classification provides for the admission of people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture and television production, and their essential support personnel. Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.

For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience that are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.

The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique. Once you have qualified, your sponsor is required to file a petition, on your behalf with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). In the case of an alien who is self-employed or who uses agents to arrange employment with numerous employers, an agent may file the petition with the USCIS. An agent may also file a petition on behalf of a foreign employer.

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative O-3 or P-4 visas. The application procedure is the same; the I-797A or B covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holder’s visa must be furnished with the application.

Anyone wishing to take up prearranged employment, training or research in the United States under programs sponsored by an educational or other nonprofit institution requires an exchange visitor (J-1) visa. Persons covered by these programs include post graduate students, medical students coming to the United States as residents or interns, foreign scholars sponsored by universities as temporary faculty, and some business trainees. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students, and au pair programs.

The major issue with the J visa is the two-year home residency requirement, which requires the individual to exit this country for a minimum of two years after the completion of their J-1.  Not all J-1 applicants are subject to this requirement; however before applying for a J-1, make sure that you consult with your attorney regarding this issue. 

The holder of an exchange visitor J-1 visa may enter the United States up to 30 days before the designated start date on the DS-2019. The 30-day limitation does not apply to those returning to continue with the program. You may also remain for up to 30 days after the completion date on the DS-2019.

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative J-2 visas.