Investing in the Future: Temporary and Permanent Visa Options for Employment in the US.

1. Investing in the Future:Temporary and Permanent Visa Options for Employment in the US. TheLaw Offices of Jacqueline Lentini, LLC jacki@lentinivisas.com www.lentinivisas.com

2. Nonimmigrant – TemporaryImmigrant - 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

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 PermanentResidency (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 forPermanent 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 • +630-262-1435 • Website: http://lentinivisas.com/