Jeff Ghouse Associate Fulbright amp Jaworski LLP Common Nonimmigrant Visas in Business Context B1B2 Visitor Visa H1B Specialty Occupation Visa L1 Intracompany Transfer E1E2 Treaty TraderInvestor Visas ID: 192471
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Types of Visas – Consular Processing
Jeff Ghouse
Associate
Fulbright & Jaworski LLPSlide2
Common Nonimmigrant Visas in Business Context
B-1/B-2: Visitor Visa
H-1B: Specialty Occupation Visa
L-1: Intracompany TransferE-1/E-2: Treaty Trader/Investor VisasTN: NAFTA Professional Workers
Types of Visas – Consular Processing
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B-1/B-2: Business/Tourism
Used for Business Visitors and Tourism
Business Visitor: Meetings or Training
The purpose of the trip is to enter the United States for business of a legitimate nature Individual plans to remain for a specific limited period of time (< 6 months)Individual has the funds to cover the expenses of the trip and the stay in the United States
The individual has a residence outside the United States with no intention of abandoning, as well as other binding ties which will ensure
individual returns
abroad at the end of the visit
Individual is otherwise admissible to the United States (No criminal record, etc.)Tourism: Tourism or VacationAccompanying Domestic Servants: Require Work Authorization10 Year Validity / Reciprocity Limit
Types of Visas – Consular Processing
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H-1B: Professionals
Must Demonstrate Qualifications (i.e., Professional)
Copies of Passport, Visas, Approval Notices, Etc.
Original Approval Notice from USCISVisa Fees3 Year Validity (to Match USCIS) / Reciprocity Limit
Types of Visas – Consular Processing
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L-1: Intracompany Transferee
L-1 – Generally
Foreign affiliate has qualifying relationship
Employed by foreign affiliate for 1 year in past 3Special procedures for new officesL-1B – Specialized Knowledge ProfessionalsMust demonstrate the individual has specialized, proprietary knowledgeEither special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures
Key Factors:
Showing system/process/procedure is unique to Petitioner
Showing Beneficiary is unique in knowledge of above
L-1A – Managers/ExecutivesExecutive capacity: Employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity: (A) Employee’s ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the
organization.(B) Employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
Reciprocity Limit Validity
Types of Visas – Consular Processing
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L-1: Blanket Program
3 or More Related Entities Internationally
Qualifications of Petitioner:
Must have obtained at least 10 L-1 approvals during the previous 12-month period; Must have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or Must have a U.S. work force of at least 1,000 employees.Cannot file for Startup Offices (<1 Year in U.S.)
Procedure:File Petition with USCIS showing corporate relationshipsAfter approval, prepare petition for presentation to U.S. Embassy/Consulate abroad
Consulate May Require Demonstration of Foreign Affiliate Operations
L-1B: Must Be Professional to Apply with Blanket
3 Year Validity / Reciprocity LimitTypes of Visas – Consular Processing
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E-1/E-2: Treaty Trader/Investor
Treaty between U.S. and Foreign country
Foreign owner of U.S. company is national of treaty country
Substantial Trade or InvestmentEmployee is national of treaty countryExecutive, Manager or Essential employee2-5 years in visa status2 year extensions without maximum duration
Types of Visas – Consular Processing
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TN: NAFTA Professional Workers
Canadian and Mexican citizens
Professional positions
Listed on NAFTA list of professionsNo capApply at Port of Entry (Canada) or US Consulate (Mexico)
Types of Visas – Consular Processing
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Disclaimer
Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as
Deneys
Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members (“the Norton Rose Fulbright members”) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein