The U.S. immigration system offers several types of business immigration options, each with their own requirements and complexities.
Whether you are an entrepreneur, an investor, an individual with substantial assets or a manager, a CEO or an employee with specialized knowledge at a multinational company, you may be eligible to obtain a visa that will allow you to live and work in the United States. In some cases, you may even be able to acquire permanent resident status and eventually apply for U.S. citizenship.
Our firm has extensive experience helping German-speaking entrepreneurs and investors navigate the complex U.S. immigration system. Even qualified applicants face challenges as they apply for the appropriate visa. These multi-faceted processes require careful planning. To that end, we will help you understand your options. While no attorney can guarantee any particular result, we will help you to apply for the most appropriate and cost effective visa for your circumstances.
To schedule a strictly confidential consultation with a business immigration lawyer in our office, please contact us today so we may explore your options.
B-1 Visas: Temporary Business Visitors
The B-1 visa allows temporary business visitors or travelers to enter the United States to conduct a limited range of business and commercial activities, such as reviewing potential investment projects, including real estate ventures, or negotiating commercial agreements. One of the advantages of a B-1 visa is that it can often be obtained on relatively short notice (for citizens of most countries), thereby giving an investor the ability to come to the United States to evaluate an investment opportunity. The main disadvantage of a B-1 Visa is that it does not authorize its holder to work in the US. To qualify for this type of visa, you must meet the following requirements:
- Have a valid business or commercial purpose for your trip;
- Intend to return to your country of residence;
- Short term duration of stay (generally 1 to 6 months initially); and
- Demonstrate adequate financial support for your trip.
E-1 Visas: Treaty Traders
The Treaty Trader visa is a nonimmigrant visa that allows nationals of participating countries to come to the United States to promote or engage in international trade of goods and services. Many types of businesses and exchange are considered items of trade for purposes of this visa.
To be eligible to apply for an E-1 visa, you must be a citizen of a country which has an active Treaty Trader Agreement with the United States. For reference, Germany, Austria, Switzerland, Belgium and Luxembourg are all E-1 visa approved countries.
If you would like to apply for an E-1 visa to engage in international trade in the United States, please call us to evaluate your situation and potential eligibility. We can help you to determine whether you or your business qualifies for this visa. If so, then we will help you to bring your business to the U.S. as an E-1 Treaty Trader.
E-2 Visas: Treaty Investors
As with E-1 Treaty Trader visas, the E-2 Treaty Investor visa is available for citizens of certain countries with active treaties with the U.S. The E-2 visa is a nonimmigrant visa that allows business operators, entrepreneurs, and investors to come to the United States to make or support a substantial capital investment in a U.S.-based project. There are many types qualifying business and projects which can satisfy the requirements under an E-2 visa.
To be eligible to apply for an E-2 visa, you must be able to provide proof of citizenship in a recognized E-2 treaty country. You must also be prepared to invest sufficient capital in a qualifying U.S. company or investment entity. Generally, an investment of $100,000 or more is needed to qualify under this visa. You must also show that you are entering the U.S. with the primary purpose of furthering or directing the qualifying investment.
Germany, Switzerland, Austria, Belgium, and Luxembourg are all E-2 Treaty Investor eligible countries.
This visa is appealing to individuals who have sufficient capital to invest, either to establish a business in the United States or to acquire an existing one. Family members are eligible to accompany an approved investor.
Careful planning, preparation, and business organization are essential. If you are considering such an investment in the U.S, contact our office to schedule an evaluation of your eligibility to do so under an E-2 visa. Our legal team will help you navigate the process, avoid pitfalls from the outset, and implement ongoing compliance.
L-1 Visas: Intracompany Transferees
An L-1 visa is designed to allow multinational companies or organizations to transfer company employees to different countries of operation.
To qualify for an L-1 visa, an applicant must be an executive, a manager, or a “specialized” employee who has been employed by the company for at least 1 year within the past 3 years. There are two visa categories, depending on the nature and level of employment with the company.
- The L-1 A visa category is for executives and managers. This visa is generally valid for up to seven years.
- The L-1 B visa category is for workers with specialized knowledge or skills. It is typically valid for up to five years.
Applicants for an L-1 visa must demonstrate that the foreign company and the corresponding U.S. based entity maintain a “qualifying relationship.” In some cases, establishing proof of this connection presents challenges. Moreover, the specific individual employee must also satisfy all relevant requirements. This often requires proper presentation of the employee’s credentials.
An L-1 visa offers several advantages. For example, if the application is successful, family members may accompany the employee. Also, in some circumstances, the affected employee may eventual ability to obtain a “green card” (i.e. permanent residence).
