business Immigration

E-1

Who can apply — citizens of countries with which the U.S. has entered into treaties of commerce and navigation.

Visa purpose — for people who are engaged in international trade in goods, services, or technology between the United States and their country of citizenship.

Requirements:

Trading must be substantial, regular and continuous.

The majority of the company's international trade (at least 50%) must be between the U.S. and the applicant's country of citizenship.

Applicant must be in a managerial or key position.

E-1 and E-2 visas are U.S. visas for foreign nationals who want to work in the U.S. based on trade and investment agreements between the U.S. and their countries. These visas allow holders to conduct business in the U.S. or manage investments. Here are the main differences and requirements for both categories:

E-2

Who can apply — citizens of countries with which the U.S. has entered into treaties of commerce and navigation.

Visa purpose — for people who want to invest substantial sums in the US economy.


Requirements:

Applicant must make a significant investment in a real business in the U.S. (new business or purchase of an existing business).

A business cannot be “marginal” — it must generate more than just a living income for the investor and their family.

The investment must be “substantial” and intended to create a profit, and the applicant must intend to actively manage the business or enterprise.

The H-1B visa is a U.S. work visa designed for foreign professionals invited to work in specialized positions by U.S. companies. This visa allows foreign nationals to work temporarily in the United States for up to six years. Here are the main features and requirements for the H-1B visa:

H1-B

The applicant must have a job that requires the application of specialized knowledge in a particular field (information technology, engineering, medicine, finance, law, etc.). Such work usually requires a college degree or equivalent experience.

Applicants must have at least a bachelor's degree or its equivalent in a relevant field. If the applicant does not have a degree, work experience may be counted as a substitute (3 years of experience for each year of study).

To obtain a visa, the applicant needs a formal job offer from a U.S. employer. The employer must file a visa petition on behalf of the applicant.

The employer must file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS), certifying that the job qualifies for an H-1B visa and that the applicant has the necessary qualifications.

The employer is obliged to pay a foreign employee no less than the minimum wage for this specialty in the region in order to protect the interests of local workers.

Specialized occupation

Education

Offer from an employer in the USA

Petition from the employer

Minimum wage

L-1A and L-1B visas are U.S. visas intended for employees of international companies who are transferred to a U.S. office or branch office. These visas allow employees of foreign companies to work temporarily in the United States. The main difference between L-1A and L-1B visas is the nature of the work and the type of position. Here are the main characteristics of both visas:

L-1a

Who can apply — executives and managers of international companies who have held management positions for at least one year within the last three years in the company's foreign subsidiary.

Visa purpose — for transfers of managers and executives from a company's foreign office to an office or branch office in the United States.

Requirements:

The applicant must be in a supervisory or managerial position.

The company to which the employee is transferred must be related to the foreign company (be a branch, subsidiary or affiliate).

The employee must have worked outside the U.S. for that company for at least one year within the last three years before filing the petition.

l-1b

Who can apply — professionals with unique knowledge of the company's product, service or internal processes who have also worked for at least one year within the last three years in the company's foreign subsidiary.

Visa purpose — for transfers of employees with unique professional knowledge or knowledge of the company's products, processes or services.

Requirements:

Applicant must have special knowledge that is difficult to find among other employees (e.g., technical knowledge).

The employee must have worked outside the U.S. for at least one year within the last three years for a branch or affiliated company.

EB (Employment-Based) visa categories are U.S. immigrant visas that allow you to obtain permanent residence (green card) through employment. Each of these categories has different requirements and targets specific groups of applicants. Here is a brief overview of each of these categories:

The EB-4 category includes a wide range of immigrants such as representatives of international organizations, employees of foreign governments, and others.

EB-4

The EB-1 category is for individuals of exceptional ability, outstanding professors or researchers, and international executives and managers.

EB-1

The EB-5 category is for foreign investors who invest substantial sums in the U.S. economy and create new jobs.

EB-5

The EB-2 category is for individuals with at least a master's degree or its equivalent, and for individuals with exceptional ability in science, art, or business.

EB-2

The EB-3 category is for skilled and unskilled laborers, as well as professionals who are not exceptionally capable.

EB-3

PERM (Program Electronic Review Management), also known as Labor Certification, is a process regulated by the U.S. Department of Labor (DOL) that is an important step for employers seeking to hire a foreign employee for permanent employment in the U.S. on EB-2 and EB-3 immigrant visas. This process confirms that there are no qualified U.S. citizens or permanent residents in the U.S. willing or available to perform the job under the terms and conditions offered by the employer.

PERM / Labor Certification

P-3

Who can apply — artists or groups of artists who will participate in cultural programs in the U.S. for the purpose of developing, presenting, coaching, or teaching cultural expressions (e.g., folkloric dance, music, ethnic traditions).

Requirements:

Applicant must participate in a cultural program designed to develop or transmit a unique cultural tradition or art.

The program must be designed to teach or demonstrate these cultural traditions to the public in the United States.

P-1 and P-3 visas are U.S. work visas designed for athletes, entertainers, and other entertainment professionals who come to the U.S. to participate in certain events or programs. Each of these visas is designed for a specific category of professionals. Here are the main differences:

P-1

Who can apply — athletes who come to the U.S. to compete internationally on an individual or team basis, internationally recognized sports teams, members of internationally recognized entertainment groups (musical groups, theater groups).

Requirements:

Applicant must be internationally recognized in their sport and have significant career achievements.

Participate in competitions at the international level or in sporting events of national importance.

The team must be internationally recognized, a significant proportion of its members must have been with the group for at least a year.

The program or performance must be at an internationally recognized level.

The TN visa is a U.S. nonimmigrant work visa designed for Canadian and Mexican citizens who want to work temporarily in the United States under the U.S.-Canada-Mexico trade agreement known as the USMCA (formerly NAFTA).

Who can apply — Canadian and Mexican citizens only.
The TN visa is issued to professionals working in certain fields listed in the annex to the USMCA (formerly NAFTA) agreement. This includes professions in fields such as medicine, science, engineering, law, teaching, and others.

Requirements:

The applicant must work in one of the professions specified in the USMCA agreement. Examples of occupations include engineers, scientists, accountants, medical professionals, etc.

The applicant must have the necessary qualifications for the occupation, including education and professional experience (e.g., holding a bachelor's degree or higher in a relevant field, if required).

There must be a valid job offer from an employer in the United States. The job must be temporary and the employer must provide a letter with details of the position and duration of employment.

tn

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