Published on March 24, 2014
obrienandassociates.com | @USVisaExpert US Visa Options for Business
If you want to do business in the USA you will need a VISA
It’s important that you approach working in the US the right way
Visa Waiver may be adequate initially, but…
Avoid being denied entry on Visa Waiver at all costs, because one strike and YOU’RE OUT
One refusal means a LIFETIME BAN on ever using the Visa Waiverprogramagain
Understanding Visa Waiver and the B-1 Visa
What business IS permitted?
Permitted business on VW/B-1 • Meetings • Negotiating contracts • Consulting with business associates • Attending a convention/conference • Short-term training • Litigation • After-sales service if a contract exists • Pre-investment activities
What business IS NOT permitted?
• Working • Managing a business • Soliciting business, especially if you’re a principal • Engaging in work as an consultant • After-sales service if no contract exists Business not permitted on VW/B-1
It’s up to YOU to PROVE ELIGIBILITY
Every business visitor should have written evidence of:
Purpose of travel Every business visitor should have written evidence of: Invitations to meetings; receipts for tradeshows etc.
Purpose of travel Ties outside the US Proof of residence (Personal bank statement showing salary/mortgage/rent) €Proof of employment (Letter from employer) Every business visitor should have written evidence of: Invitations to meetings; receipts for tradeshows etc.
If 50% of your time, cumulatively, is being spent in the US, you will almost certainly be denied entry on Visa Waiver
Don’t take that risk! Seek professional advice, as you may need a B-1 visa at this juncture
B-1 Visa: Advantages over Visa Waiver • More confidence, less questioning at US port of entry • Each entry to the US may be up to 6 months • May be extended while in the US • May change to another visa category while in the US
US Immigration regulations are tricky and not intuitive
Seek expert advice! US Immigration regulations are tricky and not intuitive
US Work Visa Categories
Intra- company transfer (L-1) Visas
L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US
L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US Managers and Executives (L-1A) Specialized Knowledge Workers (L-1B) Suitable for:
L-1 intra-company transfer Visa An important visa for foreign companies with a physical presence in the US Not suitable for New Hires: Employee must have worked with the non-US company for at least one year
L-1A Managers and Executives may also be eligible for permanent residence (‘green card’) under a fast-track category for Multinational Managers/Executives L-1 intra-company transfer Visa
E Treaty Visas
A valuable option for nationals of countries which have relevant treaties with the US, including Ireland and the UK Nationals of the treaty country must own at least 50% of the business E Treaty Visa
Eligible employees are Managers, Executives or Essential Skills Workers who share the nationality of the company Unlike the L-1, new hires may qualify for E Treaty Visas E Treaty Visa
Available to foreign companies trading substantially with the US E-1 Treaty Trader Visa
What is substantial trade? A significant volume of US clients E-1 Treaty Trader Visa
An option for those who have invested substantially in a US business E-2 Treaty Investor Visa
Depends on the type of business - Most US consulates insist on $100k minimum E-2 Treaty Investor Visa
H–1B Professional Visa
The H-1B Professional Visa is for degree holders being sponsored by a US employer for a professional position (one which requires a degree) H-1B Professional Visa
This is a heavily regulated category with an annual quota of: 65,000 visas worldwide (and an additional 20,000 for holders of US Master’s degrees) H-1B Professional Visa
Quota opens April 1st Applying early is essential; this year’s quota was reached within one week H-1B Professional Visa
Chnge is on the way Change is on the horizon
The US immigration reform bill was passed by the Senate in June 2013
The US immigration reform bill was passed by the Senate in June 2013 and is now up for debate in the House of Representatives
It could mean new visas, higher quotas and more green cards
To explore your best visa options, contact O’Brien & Associates
O’Brien & Associates have offices in New York City Kilkenny, Ireland
For over 15 years, Deirdre and her team have successfully delivered US visa solutions to top companies and individuals.
To ensure your smooth transition to the US, call us today.
Click here to follow us on Twitter Click here to find out more about us www IRL: 056-776 7994 US: 212-965 1148 Click here to download our e-guide
Taking care of your US visa needs on both sides of the Atlantic www.obrienandassociates.com
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