1. Investing in the Future: Temporary and Permanent Visa Options for Employment in the US.
The Law Offices of Jacqueline Lentini, LLC

2. Nonimmigrant – Temporary Immigrant - Permanent
Nonimmigrant visas are for foreign nationals coming temporarily to the US for a specific purpose (tourism, study, work, etc.) and for a specific period of stay as designated on the I-94 record.
Immigrant visa is for the green card process based on employment, a family relationship, diversity visa lottery, or as an asylee/refugee. Individuals are permitted to remain in the US indefinitely and work for any employer in the US. Can pursue the green card process while working in the US on a non-immigrant visa, but may have issues with travel abroad for certain classifications that do not permit immigrant intent (ex. TN, F-1)

3. Visa Options for Temporary Employment
Alphabet soup of visas: A, B-1/B-2, E-1, E-2, E-3, F-1, H- 1B, H-2A, H-2B, J-1, K, L-1A, L-1B, M-1, O-1, P-1, R-1, U and V visas
B-1/WB – Business
E-1, E-2 – Treaty Trader and Treaty Investor
H-1B - Specialty Occupations
L-1A, L-1B – Intracompany Transferee
O-1 – Persons of Extraordinary Ability

4. Starting a Business in the US
Factors to consider:
What Type of Business – Limited Liability company, Corporation, S-Corp
Where to Locate – tax advantage, business presence
When to Begin – fiscal year, calendar year
How to start the process – internet research, business attorney

5. Business Start-ups: Arc of Growth
Embryonic
Development
Market Launch
Expansion
Profitability

6. B-1/WB: Business Visitor Visa
B-1 – business visa, entry allowed 6 mos. – one year, extensions possible
WB – Visa is waived for nationals from certain countries (aka. ESTA)
90 days only, no changes or extension
Purpose is for business, to explore business options
No productive employment permitted

7. E-1/E-2: Treaty Trader & Treaty Investor
Treaty of commerce or navigation or bilateral investment treaty
Qualifying under the treaty (company ownership)
Nationality of the employee or principal
Treaty Trader- substantial trade principally with the U.S.
Volume of trade
Number of transactions
Continued course of trade
Treaty Investor
Active and substantial investment
No maximum length of time to remain in the U.S.

8. H-1B: Specialty Occupations
Specialty occupation (position must require Bachelor’s degree in specialty & beneficiary must have the degree in that specialty);
Quota imposed on the H-1B category by Congress;
If selected in lottery & approved, starts on Oct. 1 of that year
Valid for a maximum of 6 years (in 3 year increments), but can extend if employer starts green card process
Time outside the US does not count and can be recaptured
Dual intent permitted
Prior to filing an H-1B petition with USCIS, employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor

9. L-1: Intracompany Transferee
Companies must have proper corporate relationship to be a qualifying organization
New Office situation
Blanket L-1
At least ten L-1 approvals in the past year;
U.S. sales of at least $25 million; or
U.S. work force of at least 1,000 employees
One out of previous three years of employment abroad for foreign national
L-1A manager or executive
L-1B specialized knowledge

10. O-1: Persons of Extraordinary Ability
Must demonstrate extraordinary ability in the sciences, arts, education, business or athletics, by sustained national or international acclaim
Must obtain written advisory from appropriate union, if one exists
Must prove has received at least 1 major internationally recognized award (ex. Nobel) or at least 3 of the following:
1. Receipt of other nationally/internationally recognized awards;
2. Membership in an organization that requires outstanding achievement;
3. Published materials about the applicant in professional or major trade publications;
4. Participation as judge of the work of others;
5. Original scientific or scholarly work or major significance in the field;
6. Authorship of scholarly work;
7. Employment in a critical or essential capacity at an organization with distinguished reputation; or
8. Commanded or will command a high salary in relation to others in the field
Initially issued for 3 years with 1 year extensions and no maximum limit

11. Lawful Permanent Residency (LPR)
Synonymous Term: Immigrant = Lawful Permanent Resident = Green Card Holder = Resident Alien
What is a green card?
Allows foreign nationals to reside permanently in the US
Allows foreign nationals to work in the US for any employer
Permits self-employment
Avenues to LPR:
Family
Employment
DV Lottery
Investment
Asylum/Refugee

12. Visa Options for Permanent Employment
EB-1: Extraordinary Ability, Multi-national Executive or Manager, Outstanding Researcher
EB-2: Professional with an Advanced Degree, National Interest Waiver, Exceptional Ability
EB-3: Professional or Skilled Worker
EB-4: Special immigrants such as reacquisition of citizenship, Religious workers
EB-5: Investor program

13. Questions? Contact Jacqueline Lentini, jacki@lentinivisas.com
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