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Advice needed for business visa

New York, NY |
Filed under: Immigration

I want to own / lease / partner a running business in USA . Can the company owner comes to USA or can send current employee to run the business . Which visa option are available and what is the criteria ?

Attorney Answers 2

Posted

You have not provided much information but I would direct you to the E and L visas. To work in the U.S., you need an employment visa, which will allow you to legally come to the U.S. on a temporary basis. Generally, you need your prospective employer to file a nonimmigrant petition on your behalf with USCIS. Below is detailed information about the more common employment visa classifications.

There is also the option to invest money in a U.S. business instead of working at one. There must be a substantial amount of capital (money) invested in the business and the investor must be a national of treaty country. To be a “treaty country” the country must have a treaty of commerce and navigation with the U.S. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
What do I need to get an E-2 visa?

Unlike most non-immigrant visa categories, the E-2 investor visa does not require a preliminary application to be filed with the USCIS in the U.S. Instead, an application may be made exclusively through the U.S. consulate abroad. Additionally, the E-2 investor visa applicant does not need to maintain a residence with the home country during the time in the U.S. Rather, the applicant must state an intention to leave the U.S. (non-immigrant intent) once the authorized period of stay (including any extensions) expires.

Generally, three conditions must be met in order for an investor to qualify for an E-2 visa:
There must be a treaty between the US and the investor’s country (a current of list of these countries can be found at: http://travel.state.gov/visa/fees/fees_3726.html
Nationals/citizens of the investor’s country must hold majority ownership or have majority control of the investment; and
Those seeking E-2 status must be citizens of the investor’s country.
Once these three conditions have been met, the applicant must then demonstrate that the investment being made qualifies him (the investor) for an E-2 visa. A qualifying investment must meet the following conditions :
Actual investment: The investor must make an irrevocable commitment of money, representing that there is an intention of an actual investment in an operating business (investment to open up a location with plans on how to achieve that goal).
Substantial investment: There is no minimum dollar amount necessary in order for the investment to be considered substantial. The amount invested must be proportional to the total value of the enterprise in question or must be an amount that is customarily required in order to establish the type of enterprise in question.
Creation of jobs: The investment must be able to not only support the investor and his/her family, but it should also have the ability to provide job opportunities for U.S. workers.
Essential role in enterprise: The applicant must hold a significant role within the investment company who will continue to assist with the development and direction of the investment or is a manager who is highly trained to manage and operate the company independently on behalf of the company.
This category is available to international companies that need to bring their foreign employees to the U.S. for employment purposes. The basic requirements of the two primary L categories are similar (other than what qualifications/positions the employee must have). These categories are:

L-1A – Managers and executives of the international company

L-1B – Employees with specialized knowledge

Something to keep in mind is that these visas are considered non-immigrant visas and thus the duration of stay range from a maximum initial period of stay of up to 3 years with extensions of stay of up to 7 years based on the employee’s classification. If the alien does not stay continuously in the U.S. during his employment in L-1 status, this time-limit does not apply to him. (This is usually the case for seasonal workers who work up to 6 months intermittently through-out the year, or those al

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Posted

E-2 may be an option. We regularly process these Visas. Here is an article summarizing the Visa.

http://legalservicesincorporated.com/e-2-treaty-investor-visa-a-great-visa-option-for-those-who-wish-to-start-a-small-business-in-the-united-states-top-e-2-visa-questions-answers/

The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

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