Florida Immigration Attorney Group

TN Visa

The TN visa is a professional visa for NAFTA (North American Free Trade) the two member countries of Mexico and Canada. Canadians can often gain entry to the US with greater ease than others; this preferential treatment for Canadians is linked to treaty provisions within the North American Free Trade Agreement (NAFTA). While there are many NAFTA related visas, the most useful one is the TN1 visa . The TN1 visa was modeled on the H1B; it may only be used where the employer is based in the US, and the candidate is a professional in one of the categories listed on below. Where a candidate, by their profession and nationality, qualifies for the TN1 visa, it has the following advantages over the H1B:

• It is granted for one year, but can continue to be renewed indefinitely.
• It can be applied for at the border with the US, and is usually granted immediately.
• The documentary requirements and procedure is far less burdensome than the H1B visa.

The TN1 is granted for a specific employer. If needed for more than one employer, multiple TN1 applications need to be made. Self-employed professionals would not be able to come under this particular visa category, and may consider the E2 Treaty Investor category under NAFTA.

While it is possible to apply under the TN1 visa with minimal documentation, it is prudent for candidates to arm themselves with the following documents at the border with the US:

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The L Visa allows an executive or manager of a foreign company to be transferred to the U.S. entity to continue working as an executive or manager for that entity.

You must have been employed continuously abroad for one of the past three years by a parent, branch, affiliate or subsidiary preceding your request for an L-1 visa or change of status. The majority or substantial stockholder of the U.S./Foreign corporation can also be an L-1 employee. The amount of salary you receive or will receive is not material.

The qualifying organization needs to have a active presence in the United States. There must be business ties between the foreign corporation and its U.S. entity. This determination is based upon the following factors:

1. Common Name
2. Regular sharing and exchange of personnel
3. Cross directorship
4. Sharing of technical, financial and research skills
5. Size and general recognition of organization

The work that you perform must be a managerial, executive, or specialized skill. You must be a manager, executive, or have specialized skill abroad . Read the rest of this entry »

This is a description of the Requirements for Naturalization in General

Age

Applicants must be at least 18 years old.
Refer to the section, Naturalized Citizen’s Children under Waivers, Exceptions, and Special Cases for information on applicants who are less than 18 years old.
See Also INA 334

Residency
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

See Also INA 316

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

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The E-2 Visa is often called the “Investor’s Visa” because it permits foreign national business people to purchase, develop, and direct a business here in the United States.

First of all you must have an investment or be in the process of investing “at risk” funds. This means that the funds you invest must be your unsecured personal business capital or capital secured by mortgage assets. The investment must be an active investment as opposed to a passive investment. The operation of a business is considered active investment. The amount of the investment depends on the type of Business you wish to purchase and operate. The U.S. Department of State uses the “relative/proportionality test” for defining investment. This means that:

1. The amount of qualifying funds invested weighted against the total cost of purchasing or creating the business.

2. The amount normally considered sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise; and

3. A magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise.

The investor must manage and direct the business.

The spouse and children of the E-2 visa beneficiary can accompany the beneficiary to the United States. The spouse is eligible to apply for work authorization and legally work while the beneficiary maintains E-2 status.
If you are interested in investing in the St. Petersburg/Tampa area a good place to start are the local area chamber of commerce:

The St. Petersburg Area Chamber of Commerce: www.stpete.com
The Tampa Area Chamber of Commerce: www.tampachamber.com
The Area Beaches Chamber of Commerce: www.tampabaybeaches.com/stpetebeach.com
The Clearwater Area Chamber of Commerce: http://www.visitclearwaterflorida.com