At MJLAW, we have represented hundreds of newly formed companies in the Silicon Valley who have had to place key personnel from other countries to their operations in United States. Whether it is to start a brand new business in the United States or if it is to open a branch, subsidiary, or affiliate of an existing foreign entity, we assist the client every step of the way.
Below you will find general information about the potential visa options typically available to early staged companies in their efforts to expand their recruitment efforts beyond the U.S. borders.
E-2 Investor Visa:
For individual investors from foreign countries, we are often able to pursue the E-2 Visa. One of the key requirements for the E-2 Visa is that the nation from where the Investor has citizenship has entered into an Investment treaty with the United States. There is also an investment requirement that is considered a “substantial” amount in relation to the size of the business. Such investment must also be fully committed to the business prior to applying for the visa. While this Visa is often associated with individual investors, many people are unaware that such visa can also be utilized to place key personnel in positions at a United States office. So long as the majority investor of the foreign company is him or her self eligible and qualifies for E-2 Visa status, candidates from the same country as the majority investor and who are considered “essential employees” are potentially eligible for the E-2 Visa. Read More >>
Intra-Company Transferees (L-1A and L-1B)
While there is no treaty requirement for this type of Visa status, this visa requires that there be an existing business enterprise in the foreign country and that there be common ownership and/or control between the foreign business and the American business. It is a visa that is made available to Executive/Managerial level personnel as well as to employees who perform an “Essential Function” of the business who have physically worked at least one of the past three years for the foreign-based business. The L-1A Visa is initially issued for a validity period of one year if the employee is establishing a new business in the United States or for a three year period if the U.S. enterprise has already existed for more than one year. A maximum of 7 years is permitted under this category. Spouses of L-1A Visa holders are furthermore authorized to work without limitation. Read More>>
Professional Worker Visas (H-1B)
New companies can also take advantage of the professional H-1B visa which is intended for employees who have at least a Bachelor’s degree or the “equivalent work experience” in a specialized field, and who are being brought into the United States to assume a professional level position that would require such a degree. The Visas are initially issued with a validity period of three years for full or part-time employment and are subject to quota restrictions. Through the years, it has been the most commonly held employment based nonimmigrant visa. However, in recent years, candidates who would have otherwise qualified for H-1B visas have had to in many cases pursue other visa types due to quota number restrictions. Read More >>
TN Visas for Canadian and Mexican workers
New companies can also potentially qualify new hires under the TN-1 (Canada) or TN-2 Visa (Mexico) category. The Visa is now issued in three year increments, and is made available to companies hiring qualified candidates from Mexico and Canada for jobs that are included on the TN List of Approved Occupations, (NAFTA Annex 1603, Schedule B and reproduced at 8 CFR 214.6(c)). Such visas are also renewable indefinitely. Read More >>
O-1 Visas for Extraordinary Ability Aliens
Newly formed companies often have candidates who qualify under the O-1 Visa regulations as aliens who possess extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Read More >>
H-1B1- Professional Visas for Nationals of Chile and Singapore
Under the U.S. Free Trade Agreements with Singapore and Chile, 5,400 H-1B1 professional visas are made available for citizens from Singapore, and 1,400 visas for citizens of Chile. The H-1B1 is valid for one year, but may be extended indefinitely. This is unlike the H-1B visa category which is issued in maximum three year increments and generally not intended to exceed 6 years.
E-3 – Professional Visa for Nationals of Australia.
Under the U.S. Free Trade Agreement with Australia, professional visas are made available to Australian citizens in 2 year increments and can also be renewed indefinitely. While its requirements are similar to the H-1B Visa, one of the important differences to note is that the spouses of these visa holders are also permitted to be employed in the United States without any limitations unlike the H-4 status issued to family members of H-1B Visa holders who are not permitted to work at all. Read More >> |
