BUSINESS IMMIGRATION LAWYERS WITH 60 YEARS OF EXPERIENCE
With 60 years of experience in immigration law, from investor visas to employment immigration, the expert attorneys at The Law Offices of Spar & Bernstein are committed to guiding you through the business immigration process.
WHY HIRE SPAR & BERNSTEIN FOR BUSINESS IMMIGRATION?
From determining visa eligibility to preparing and filing applications, our business immigration lawyers provide compassionate guidance to ensure timely paperwork and minimum delays.
TYPES OF VISAS TO SUPPORT US BUSINESS GROWTH
Visas supporting the U.S. economy offer opportunities for foreign nationals to invest in, manage or establish businesses. These visas are designed to attract entrepreneurs, investors, and executives.
Options range from temporary nonimmigrant visas for short-term business endeavors to immigrant visas for long-term residence through substantial investments or leadership roles in multinational companies.
E-2 TREATY INVESTOR VISA
The E-2 visa is a nonimmigrant visa designed for nationals of countries with a treaty of commerce with the U.S.
It allows individuals to enter and work in the U.S. based on their substantial investment in a U.S. business. The investment amount is not fixed and varies based on the industry, location, and business plan.
E-2 Visa Requirements
- You must be a citizen of a country that has a treaty with the U.S.
- You must invest in a U.S. enterprise that has enough resources to ensure the business operates successfully
- You must control at least 50% of the business or have operational control through a managerial position
- Your stay in the U.S. must be exclusively to oversee and manage the company in a leadership or senior supervisory role
E-2 Visa Benefits
- You can bring your immediate family (spouse and children under 21)
- Spouse is eligible for a EAD work permit
- You can renew your visa as long as the business remains operational
- You can travel outside the U.S. while your business is operational
EB-5 IMMIGRANT INVESTOR VISA
The EB-5 is an investor visa providing a pathway to U.S. permanent residency (Green Card) for foreign investors investing in a U.S. business that creates jobs for U.S. workers.
EB-5 Immigrant Investor Visa Requirements
- You must invest a minimum of $1,050,000 in a U.S. business or $800,000 if the investment is in a targeted employment area (a high unemployment or rural area)
- Your business must create or keep a minimum of 10 full-time jobs for U.S. workers
- You can create a new commercial enterprise or invest in a restructured or expanded business
EB-5 Immigrant Investor Visa Benefits
- You can obtain a Green Card for yourself, your spouse, and unmarried children under 21
- You can live and work in the U.S.
- You are flexible to manage or invest in a business with no requirement to actively run the company
EB-2 NATIONAL INTEREST WAIVER (NIM)
The EB-2 NIW is for individuals with exceptional abilities or advanced degrees whose work can support the national interest of the U.S.
EB-2 NIM Requirements
- You must have an advanced degree or exceptional ability in your field of expertise (business, science, or arts)
- You must demonstrate that your work will substantially benefit the U.S. economy, culture, education, or welfare
EB-2 NIM Benefits
- You can petition for a visa without needing to provide a job offer from an employer or labor certification
- You can apply for a Green Card faster by bypassing the labor certification process
- Your spouse and children can also obtain Green Cards
EB-1C MULTINATIONAL EXECUTIVE OR MANAGER VISA
The EB-1C visa is an immigrant visa meant for executives or managers of multinational companies who are transferred to the U.S. to work for a branch, affiliate, or subsidiary of their overseas company.
EB-1C Multinational Executive or Manager Visa Requirements
- You must have worked for the foreign company for at least one year before applying
- You must be entering the U.S. to continue working in an executive or managerial role
- The U.S. company must be a branch, affiliate, or subsidiary of the foreign company
EB-1C Multinational Executive or Manager Visa Benefits
- Your spouse and children are eligible for Green Cards
- You do not need to provide labor certification
- There is no minimum investment requirement
- You can be an owner/employee and still be eligible
L-1 INTRA-COMPANY TRANSFER VISA
The L-1 visa is a nonimmigrant visa that allows multinational companies to transfer employees from a foreign office to a U.S. office.
L-1 Intra-Company Transfer Visa Requirements
- You must have worked for the company for at least one year within the past three years in an executive, managerial, or specialized knowledge role
- You must be moving to the U.S. to work in a similar capacity for the U.S. branch or affiliate of the company
- The U.S. company must have a qualifying relationship with the foreign company (branch, subsidiary or affiliate)
L-1 Intra-Company Transfer Visa Benefits
- Your spouse and children under 21 can come to the U.S. with you
- You can stay in the U.S. for up to seven years if you are an executive/manager (L-1A visa)
- You can stay in the U.S. for up to five years if you are a specialized knowledge worker (L-1B visa)
- You can be an owner/employee and still be eligible
- You can pursue pathways to permanent residency (Green Card) (i.e. EB-1C for Multinational Executive or Manager. See above)
H-1B VISA
The H-1B nonimmigrant visa allows U.S. employers to hire foreign professionals in specialized fields such as IT, engineering, finance, and healthcare.
H-1B Visa Requirements
- You must obtain a job offer from a U.S. employer for a role that requires specialized knowledge
- You must have a bachelor’s degree or higher in a specific field
H-1B Visa Benefits
- You can pursue permanent residency through employment-based Green Card options
- Your spouse and children under 21 can join you on H-4 visas
- You can change employers if you meet specific requirements
O-1 VISA
The O-1 is a temporary visa for individuals with extraordinary abilities or achievements in fields such as science, arts, education, business or athletics.
O-1 Visa Requirements
- You must demonstrate extraordinary ability with recognized achievements at a national or international level
- You must provide documentation of your achievements, awards or recognition
- You must receive a job offer from a U.S. employer or agent related to the field of expertise
O-1 Visa Benefits
- There is no annual limit on this visa category
- Your family members (spouse and children) can accompany you on O-3 visas
- You can work for multiple employers within your field, provided each employer sponsors the visa
FAQS ABOUT BUSINESS IMMIGRATION VISAS
How does the L-1 visa differ from the EB-1C visa?
The L-1 visa is a temporary nonimmigrant visa that allows multinational companies to transfer employees to the U.S. The EB-1C visa, on the other hand, is an immigrant visa that leads to permanent residency for executives and managers of multinational companies.
What are the benefits of the EB-5 visa compared to the E-2 visa?
As an investor visa, the EB-5 provides a direct path to permanent residency. The E-2 visa is a nonimmigrant temporary visa only available to nationals of treaty countries — it can be renewed indefinitely, provided your business is functioning. The E-2 visa does not automatically turn into a Green Card. You would have to pursue a separate path for lawful residence.
Can I use the same investment for both the E-2 and EB-5 visas?
No, the E-2 and EB-5 visas have different eligibility requirements. The EB-5 requires a larger investment that creates jobs, while the E-2 investment must be substantial but has no specific job creation requirement. You can enter on an E-2 visa, and if the investment overtime increases and you otherwise qualify for the EB-5, you can then apply for it to obtain lawful residence.
What happens if my EB-5 investment doesn’t create the required jobs?
If your EB-5 investment fails to meet the job creation requirements, your petition may be denied, and you may not receive a Green Card. Consider consulting with regional center projects to ensure compliance with job creation metrics or talk to our knowledgeable business and immigration attorneys at Spar & Bernstein for legal advice.
Can I apply for an H-1B visa if I don't have a job offer from a U.S. employer?
No, the H-1B visa requires a valid job offer from a U.S. employer who will sponsor your application.
Can I change jobs if I have an H-1B visa?
Yes, but the new employer must file a new H-1B petition for you. Once they file the petition, you can start working.
Can I transition from an H-1B or O-1 visa to a Green Card?
Yes, both visa types allow you to apply for employment-based Green Cards.
What happens if my visa application is denied?
If your visa application is denied, contact our experienced business immigration attorneys at Spar & Bernstein. We will investigate the reasons for the denial, consider other visa options, or appeal the decision.
Why should I partner with an immigration lawyer for my business visa application?
Although not mandatory, working with a business immigration lawyer can help ensure:
- All eligibility requirements are met
- Documents are correctly completed
- Deadlines are observed
This will decrease the likelihood of delays or denials.
Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
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