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Archive for the ‘Business Immigration’ Category

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 »

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

Those immigrants wishing to immigrate to the United States based upon there work ability or investment potential should seek to come to the United States by way of business immigration.

Employment-based and investor immigration follows a preference system similar to family-based immigration.

a. First Preference: Priority Workers

b. Second Preference: Professionals with advanced degrees or exceptional ability in business, science, or the arts.

c. Third Preference: Skilled workers, professionals, and other workers.

d. Fourth Preference: Special Immigrants such as Religious workers, employees and former employees of the U.S. government abroad and special juveniles.

e. Fifth Preference: Investors

Labor certification is often a prerequisite for obtaining employment-based permanent residence. Labor certification is the determination by the Department of Labor that there are no U.S. workers able, willing, qualified, and available for the position for which a labor certification is being sought.

The labor certification process is complicated and requires due care and diligence. Any foreign national who seeks to enter the United States to perform skilled or unskilled labor is not admissible unless the Secretary of Labor certifies to the Secretary of State and the Attorney General that there are not sufficient U.S. workers available for the proposed employment, AND the contemplated employment will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.

We will help you with every aspect of business immigration to the United States, the home of capitalism.