Claudia Humphrey Lawyer

INVESTMENT VISAS

The type of visas detailed below are for entrepreneurs or investors seeking to immigrate to the United States (“USA”), particularly for those seeking an immigration program that will lead to a green card or residency in the USA. The first requirement for them is to be a citizen of a country with which the United States maintains a trade and navigation treaty.

EB-5 visa

The minimum investment currently required is $ 1,000,000 dollars,
The applicant’s company must directly create 10 new jobs to qualify,
This visa allows the passage or the application to the residence or issuance of the Green Card.
It is important that the money used for this investment can be traced. If investing from abroad, the source and route of funds must be documented and clean and,
Additional funds shouldn’t have been generated within the US.

EB-5 Visa Regional Center Project

Instead of directly investing $ 1 million dollars in the company itself, an investor can invest $ 500,000 dollars in a project of the EB-5 Regional Center,
the 10 new jobs needed can be indirectly created in this way through the regional center project,
It is necessary for the investor to take into account that their money is immobilized in the Regional Center project for 5 years until it can be reimbursed to the investor. It means that the investor has no control over his money until it is paid back.
The same conditions apply on the traceability of money as for direct investment.

E-2 Visa or Treaty Visa

The immigration law speaks of investment of a «substantial amount.»
Although there is no minimum amount required since the law only speaks of a substantial amount, it is generally suggested that the applicant make an investment of $ 200,000 USD,
create five employee positions over the course of five years for the applicant to earn the E-2, and
It is important that the money used for this investment can be traced. If investing from abroad, the source and route of funds must be documented and clean.

EMPLOYMENT VISAS

L-1 Work Visa

The manager or executive must have worked for at least one year of the last three years for a company, which is affiliated abroad before managing the related company in the USA,

The L-1 visa can also be used for a US Start-up.

Requirements

the applicant (s) from practically any country in the world can qualify to come to the USA,
must always be the manager (s) or executive (s) in their country of origin, and
although not absolutely necessary from a legal point of view, to be successful it helps if the foreign entity has existed for several years, has at least five employees, and has filed tax and employment returns for several years.
The existence of such a record will help support a successful application.

H-1B Work Visa - Person in Specialty Occupation

Work in a specialized occupation,
Requires a higher education degree or its equivalent,
Requires the PERM or labor certification issued by the US Department of Labor,
Includes fashion models of distinguished merit and ability and government-to-government research and development, or
Co-production projects managed by the Department of Defense,
Once the PERM is obtained, the corresponding application must be made to the USCIS office.

EB-2 National Interest Waiver - EB-2 NIW

The National Interest Waiver visa recognizes that it may be in the «national interest» of the United States to exempt some foreign nationals from the job offer and labor certification (PERM) process.

Requirements

A professional from any field can qualify for an EB-2 NIW visa,
Possess an advanced degree or its equivalent in professional fields, or
for those of exceptional ability in the sciences, arts, business or sports,
have a degree of knowledge higher than that commonly found in their field,
The professional can work for an American company, or can open a company that is for the «national interest» of the United States, or favors the American country with the knowledge and subject matter of their research,
The applicant can also apply for a work permit while the application is pending,
Meet other requirements from the USCIS office.

Parole Entrepreneur Program – Start up Program

This is an IE parole program that provides a temporary immigration pathway for foreign entrepreneurs who have founded businesses in the United States.

The purpose of this program is to attract venture capital or other funds that can benefit the nation by growing and adding jobs to the American economy. Foreign entrepreneurs have the opportunity to create and develop newly created entities with high growth potential in the United States.

Requirements

Own a substantial ownership interest in a newly created entity created in the last five years in the United States that has substantial potential for rapid growth and job creation.
Have a central and active role in the start-up entity, so that they are well positioned to substantially assist with the growth and success of the business.
Provide a significant public benefit to the United States based on its role as the entrepreneur of the newly created entity, and
Provide additional reliable and convincing evidence of the start-up entity’s substantial potential for rapid growth and job creation.

Other Visa Category - Temporary Worker Visa

Visa category	General description – About an individual in this category:
H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore	To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)
H-2A: Temporary Agricultural Worker	For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-2B: Temporary Non-agricultural Worker	For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
O: Individual with Extraordinary Ability or Achievement	For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.
P-1: Individual or Team Athlete, or Member of an Entertainment Group	To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-2: Artist or Entertainer (Individual or Group)	For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.
P-3: Artist or Entertainer (Individual or Group)	To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.