Business Based Immigration Law, Non-Immigrant

VERDIN Dallas Immigration Law is a full service Immigration law firm serving Dallas and the U.S.

VERDIN strives to provide our clients with the best possible legal representation in immigration law. Our team is dedicated in providing top quality knowledgeable legal advice and representation.

Business Based Immigration Law, Non-Immigrant

B-1 Business Visitor
E-1 Visa – Treaty Trader
E-2 Visa – Treaty Investor
E-3 Australian Specialty Occupation
J-1 Exchange Visitor
L-1 Intracompany Transferee
O-1 Individuals with Extraordinary Ability or Achievement
TN-1 Canadian NAFTA Professionals
TN-2 Mexican NAFTA Professionals

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B-1 Business Visitors
The B-1 visa allows foreign nationals to come to the United States to participate in business activities of a commercial or professional nature. Examples of such activities include:
• Meeting with business associates
• Attending conferences and conventions
• Negotiating contracts
• Participating in short-term training

Certain personal or domestic servants, as well as certain employees of foreign airlines, may also enter the United States with a B-1 visa.

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E-1 Visa – Treaty Trader
E-1 visa applicants must be nationals of a country with which the United States has a treaty of commerce and navigation. E-1 treaty traders must be entering the U.S. solely for the purpose of engaging in substantial international trade, either for themselves or for a foreign employer, and principally between the United States and the treaty nation from which the E-1 applicant hails. E-1 status is granted for a maximum of two years. Extensions of such status can also be granted in maximum increments of two years. There is no limit on the number of extensions that may be granted. Spouses and children of E-1 principals may enter the U.S. in dependent status, and do not need to share the treaty trader’s nationality. Dependent spouses of E-1 visa principals can obtain employment authorization in the United States.

Subject to certain restrictions, E-1 visa holders can use their status to employ other people who will receive derivative E-1 visa status. E-1 visa employees must possess the same nationality as the principal E-1 visa employer.

If a foreign national is in the United States in another temporary status, he or she may change status to E-1, subject to certain restrictions.

The VERDIN Dallas Immigration Law team of attorneys are specialists in procuring E-1 status for foreign nationals that have historically engaged in a significant volume of trade in products or services with the United States. We also assist foreign nationals with establishing import/export operations in anticipation of seeking E-1 status at a later date.

Our team advises foreign business owners in meeting E-1 visa requirements; including business formation, corporate strategy, and workforce expansion through foreign employee sponsorship.

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E-2 Visa – Treaty Investor

E-2 visa applicants must be nationals of a country with which the United States has a treaty of commerce and navigation. E-2 treaty traders must be entering the U.S. solely to develop and direct an enterprise into which they have invested, or are currently investing, a substantial amount of capital. For E-2 treaty investors, there is no minimum required investment. The investment need only be substantial in proportion to what it would cost to buy a business of the same nature, or to establish a new one.

See E2 Visa Tips      See E2 Visa Tips Videos

E-2 visa status is granted for a maximum of two years. Extensions of such status can also be granted in maximum increments of two years. There is no limit on the number of extensions that may be granted. Spouses and children of E-2 principals may enter the U.S. in dependent status, and do not need to share the treaty investor’s nationality. Dependent spouses of E-2 visa principals can obtain employment authorization in the United States.

Subject to certain restrictions, E-2 visa holders can use their status to employ other people who will receive derivative E-2 visa status. E-2 visa employees must possess the same nationality as the principal E-2 visa employer.

If a foreign national is in the United States in another temporary status, he or she may change status to E-2, subject to certain restrictions.

VERDIN Dallas Immigration Law attorneys are experienced in handling complex E-2 investor cases. We routinely deal with U.S. Citizenship and Immigration Services and U.S. embassies and consulates around the world to help our clients procure investor visas. We develop strategies to effectively navigate the statutory and regulatory requirements, and stay informed on changes to policies and procedures affecting our client’s investor visa cases. Additionally, we assist E-2 designated businesses in petitioning for foreign employees with special qualifications essential to the business.

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E-3 Australian Specialty Occupation

The E-3 classification is available only to nationals of Australia. The applicant must be coming to the United States solely to perform services in a specialty occupation requiring at least the attainment of a bachelor’s degree (or its equivalent) for entry into the occupation in the United States.

E-3 applicants must demonstrate a legitimate offer of employment in the United States, possession of the necessary academic or other qualifying credentials, and that the intended position qualifies as a “specialty occupation” under U.S. law. The visa does not allow the applicant to be self-employed or an independent contractor in the U.S. The prospective U.S. employer must also file and receive approval of a Labor Condition Application (LCA) from the Department of Labor.

E-3 visa status is granted for a maximum of two years. Extensions of such status can also be granted in maximum increments of two years. There is no limit on the number of extensions that may be granted, subject to certain exceptions.
If an Australian national is in the United States in another temporary status, he or she may change status to E-3, subject to certain restrictions.

Spouses and children of E-3 principals may enter the U.S. in dependent status, and do not need to be Australian nationals. Dependent spouses of E-3 visa principals can obtain employment authorization in the United States.

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J-1 Exchange Visitor

The J-1 visa allows foreign nationals to come to the U.S. to participate in a variety of different work or study-based exchange visitor programs. Example programs include, but are not limited to:
• Au Pair
• Professor and Research Scholar
• Camp Counselor
• College/University Student
• Physician
• Teacher
Some J-1 exchange visitors will be subject to a two year home country residence requirement. This means that upon conclusion of their program, the J-1 must return to their home country for a cumulative total of two years. They are not prohibited from traveling to the U.S. during this time, but may not benefit from certain employment or family-based visas until the two year period expires.
In certain circumstances, the spouses and children of J-1 principals may enter the U.S. as J-2 dependents. However, not all programs offering J-1 sponsorship allow for dependents.

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L-1 Intracompany Transferee

The L-1 visa allows a company with operations in the U.S. and abroad to transfer certain classes of employees from its foreign operations center to its U.S. operation center for up to seven years depending on the L-1 subcategory. The employee must have worked outside the U.S. for a subsidiary, parent, affiliate or branch office of the U.S. company for at least one continuous year of the last three years.
Companies operating in the U.S. can apply to the relevant USCIS service center for an L-1 visa to transfer an employee to the U.S. from their overseas location. Employees in this category will initially be granted an L-1 visa for up to three years.
There are two types of employees who may be sponsored for L-1 visas:

• Managers/Executives (L-1A)
The legal definition of management and executive roles for L-1A purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L-1A visa for an initial three year period extendible in two year increments to a maximum of seven years.

• Specialized Knowledge Staff (L-1B)
This subcategory covers those with specialized knowledge of the company’s products, services, research, equipment, systems, proprietary techniques, management, or procedures. Staffers in this category are issued an L-1B visa for an initial three year period extendible to a maximum of five years.
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

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O-1 Individuals with Extraordinary Ability or Achievement

The O-1 visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

The O visa category is broken down as follows:

· O-1A: Individuals possessing extraordinary ability in the sciences, education, business, or athletics
· O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
· O-2: Integral or essential support personnel to the O-1A or O-1B.
· O-3: Spouses and children of O-1’s and O-2’s

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TN-1 Canadian NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between the United States, Canada, and Mexico. As part of NAFTA, the U.S. created the TN-1 visa for Canadian nationals. Canadians may qualify for TN-1 status if they work in a qualifying, NAFTA-approved profession, have a pre-arranged full-time or part-time job with a U.S. employer in a position requiring a NAFTA professional, and possess the qualifications to practice in the relevant profession.
Under Mexican nationals, Canadians do not necessarily need to apply for a TN-1 visa at a U.S. consulate, and may apply for TN-1 status directly from U.S. Customs and Border Protection at a port-of-entry.
Spouses and children of TN-1 principals may enter the U.S. in dependent (TD) status. These dependents do not need to be citizens of Canada. TD dependents are not permitted to work in the United States.

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TN-2 Mexican NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between the United States, Canada, and Mexico. As part of NAFTA, the U.S. created the TN-2 visa for Mexican nationals. Mexicans may qualify for TN-2 status if they work in a qualifying, NAFTA-approved profession, have a pre-arranged full-time or part-time job with a U.S. employer in a position requiring a NAFTA professional, and possess the qualifications to practice in the relevant profession.

Unlike Canadian nationals, Mexican nationals must always apply for a TN-2 visa at a U.S. consulate before seeking entry to the U.S. in TN-2 status. · · They may not apply for TN-2 status directly from U.S. Customs and Border Protection at a port-of-entry.
· Spouses and children of TN-2 principals may enter the U.S. in dependent (TD) status. These dependents do not need to be citizens of Mexico.
· TD dependents are not permitted to work in the United States.