Immigration Business Plans
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E-1 Treaty Trader Visa
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf.
Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
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E-2 Treaty Investor Visa
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.
Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
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EB-5 Immigrant Investor Visa
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they:
• Make the necessary investment in a commercial enterprise in the United States;
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers;
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth. Click here for more information.
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L-1 Intracompany Transferee Visa
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee. Click here for information on L-1A and L-1B Visas.
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Green Card for Employment-Based Immigrants
U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:
First preference (EB-1) – priority workers
(i) Aliens with extraordinary ability in the sciences, arts, education, business, or athletics; (ii) outstanding professors and researchers; or (iii) certain multinational managers and executives.
Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
Third preference (EB-3) – skilled workers, professionals, or other workers.
You do need a business plan if:
You're applying through an investment-based or self-petitioning employment visa that leads to a green card, such as EB-5 (Immigrant Investor Program), EB-2 NIW (National Interest Waiver), or EB-1C (Multinational Executive/Manager).
You typically do not need a business plan if you're applying through a traditional employer-sponsored green card, such as an EB-2 or EB-3 with PERM.
If you're unsure which category your application falls under, we’re here to help!