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U.S. Work Visas: What you need to know

U.S. Work Visas: What you need to know. 29 January 2013. Key Points. U.S. work visa process is complex Various visa options, all with different rules and criteria Documentary requirements can be significant Increased scrutiny, particularly for new and smaller companies How to proceed

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U.S. Work Visas: What you need to know

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  1. U.S. Work Visas: What you need to know 29 January 2013

  2. Key Points • U.S. work visa process is complex • Various visa options, all with different rules and criteria • Documentary requirements can be significant • Increased scrutiny, particularly for new and smaller companies • How to proceed • Retain experienced immigration counsel • Consider immigration needs at outset and factor them into business and HR strategy • Plan ahead and start process early

  3. Key Factors Affecting Work Visa Options • Buying existing US business or creating start-up? • US company majority French-owned? • All/mostly all cash invested or highly leveraged? • French/US trade, or domestic US or multinational business? • Type of position: manager, professional, specialized, unskilled? • Employee: Nationality? New hire? Education/experience? • Composition of US office’s workforce?

  4. E-1 & E-2 Treaty Trader/Investor Visas • US business must be majority (≥ 50%) French owned • Employee must be French and taking up manager or special/essential skills position in US • Requires substantial trade between US & France (E-1), or substantial investment which is not “marginal” (E-2) • Advantages • No prior work experience or specific education requirements • No limit on overall stay • Processing at the U.S. Embassy in Paris

  5. L-1 Intracompany Transferee Visas • Transfers from foreign corporate affiliate to US affiliate • French ownership not required but US company must have common ownership with foreign affiliate • Transferee must have 1 year of qualifying (manager or “specialized knowledge”) experience with foreign affiliate and be taking up qualifying position in US • Pre-approval required by US Immigration Service in US • 5 (L-1B) and 7 (L-1A) year time limits • Special provisions for opening New Office in US

  6. Other Temporary Work Visa Options • H-1B for professionals • position must require university degree • annual numerical limits severely restrict utility of this category • Nationality-based Free Trade Agreement work visas • TN under NAFTA for citizens of Canada & Mexico • H-1B1 for citizens of Chile & Singapore • E-3 for citizens of Australia • J-1 for interns/trainees & O-1 for extraordinary ability • Challenges for small/new companies

  7. U.S. Permanent Residence Options • Special category for managers from foreign affiliate transferred to managerial position at US affiliate (similar to L-1A visa) • For most other employees, would need labor certification showing qualified US workers not available • EB-5 Investor Permanent Resident Category • Requires investment of $500,000 to $1 million in commercial enterprise in US • Create at least 10 jobs for US workers • 2 year conditional status

  8. Questions? Kevin C. Aiston, Partner kaiston@fragomen.com 200 West Jackson Boulevard Suite 1800 Chicago, IL 60606 U.S.A. Phone: (312) 263-6101 www.fragomen.com

  9. THANK YOU

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