Business Visa

Multinational Executives and Managers
An individual can qualify for this category, if he is employed for 1 year (in last 3 years) by “firm or corporation or other legal entity or an affiliate or subsidiary thereof.” Affiliates include entities owned and controlled by the same group of individuals, in approximately the same share or proportion of each entity. Subsidiary can be joint venture if there is equal control and veto power; or can be less than one-half ownership if there is control in fact. The “one of three year requirement” may be met even if person is in U.S. for more than 3 years if s/he is working for same employer, affiliate, or subsidiary in U.S. and was employed for at least 1 of last 3 by company abroad before entering in valid nonimmigrant status.

The company must file a petition for an L-1 visa with the Immigration Regional Service Center having jurisdiction over the place of intended employment. Except for a company which is opening a new office in the United States, the initial petition may be granted for a three-year period and renewed in two-year increments up to the maximum permitted stay. New offices are limited to an initial twelve-month period with extensions depending on the business performance of the new office. Once the petition is approved, the employee may apply for an L-1 visa at an U.S. Consulate abroad. If the employee is in the United States and maintaining some or other legal status, he or she may apply for a change of status in the United States. Spouses and unmarried children under 21 years old of intra company transferees may be granted L-2 visas. An L-2 visa holder is not permitted to work in the United States.

Investors visas (Treaty trader visas E1, E2)
A person may qualify for E1 visa if he or the firm he is representing has the nationality of the treaty country. There must be substantial trade between the U.S. and the country of nationality, including the exchange, purchase or sale of goods or services or the transfer of technology, or binding contracts, which call for the exchange of items of trade.

To qualify for an E2 visa, the alien or firm should have the nationality of the treaty country (a treaty national should own at least half of the enterprise). The person or the company should have made or is in the process of making a substantial investment in a business in the United States.

The individual should be either the principal investor, who will direct and develop the enterprise, or an executive, manager or employee with special skills essential to the company.

The investment should have the present or future capacity to generate more than enough income to provide minimal living for the investor and family or has a present or future capacity to make a significant economic contribution, such as providing substantial employment.