Business Visas

​Temporary Visitors - Nonimmigrant US Visas
​Temporary visitors to the U.S. must obtain a nonimmigrant visa. This type of visa allows you to travel to a U.S. port-of-entry.

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​B1 and B2 Visitor Visas

Business travelers may enter the United States using a B1, or 'Visitor for Business' Visa. In practice these visas are invariably issued as jointly with B2, or 'Visitor for Pleasure' (i.e. Tourist) visa.
  • While in the US as a business visitor, an individual may:
    • Conduct Negotiations 
    • Solicit sales or investment 
    • Discuss planned investment or purchases. 
    • Make investments or purchases 
    • Attend Meetings, and participate in them fully. 
    • Interview and hire staff. 
    • Conduct research. 
  • The following activities require a working visa, and may not be carried out by business visitors:
    • Running a business. 
    • "Gainful employment". 
    • Payment by an organization within the US. 
    • Participating as a professional in entertainment or sporting events. 
  • Gray area in between what definitely is allowed and what definitely isn't. It is advisable to err on the side of caution when bringing overseas persons into the USA on business visitor visas.  
  • The most common reason for refusal of B1/B2 visas is the applicant showing insufficient evidence of social, family or economic ties to his/her country of residence that would ensure that s/he would return there following the visit to the USA.

H-1B VISAS

  • Allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can find another employer, apply for a change of status to another non-immigrant status, or must leave the US.
  • Specialty occupation is one requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum(with the exception of fashion models, who must be "of distinguished merit and ability").  
  • Foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
  • The duration of stay is three years, extendable to six. 
  • Limited to 65,000 each fiscal year (FY).
  • The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers.  
  • Employers must attest that wages offered are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or alternatively, pay the prevailing wage for the occupation in the area of intended employment, whichever is greater. By signing the LCA (Labor Condition Application), the employer attests that: prevailing wage rate for area of employment will be paid; working conditions of position will not adversely affect conditions of similarly employed American workers; place of employment not experiencing labor dispute involving a strike or lockout.
  • H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition

L-1 Visas

Two types:
  • L-1 A Visa - for foreign managers and executives transferring to the US to manage a company or a major function or division of a company; to supervise employees or manage an essential department of a company
  • L-1B visa - for foreign employees with specialized knowledge of the company's products, research methods or marketing methods, which are important to the company's competitiveness (requires Labor Certification)
Requirements:
  • Employer must have worked abroad for the overseas company for a continuous period of 1 year in the preceding 3 years
  • The overseas company must be related to the U.S. company in a specific manner.  Must be same employer or subsidiary or affiliate.  (U.S. co own  50%+ of foreign company or vice versa.  Does same individual or group of individuals own 50%+ of both U.S. and foreign company) 
  • Employee to be transferred must have been employed abroad in an executive or managerial position or a position involving:
    • Specialized knowledge of company product and its application or advanced level of knowledge of processes and procedures of company)
    • Manager – Primary duties are to direct the organization, a customary recognized department or subdivision or organization, or a function, who controls the work of other professional, supervisory, or managerial employees (unless he or she manages a function)
    • Executive – Primary duties are to direct the management of an organization or major component of organization or a function in the organization, and establish organizational goals and policies, exercise wide latitude of discretionary decision-making, and receive only general supervision or direction rom higher level executives, the board of directors, or shareholders of the company
Maximum stay: L-1A: 7 years; L-1B: 5 years

E VISAS

E-1 Treaty Trader
  • The applicant must be a national of a treaty country.
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. 
  • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade. 
  • The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality. 
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other. 
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. ​
E-2 Treaty Investor    
  • The investor, either a real or corporate person, must be a national of a treaty country. 
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. 
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. 
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States. 
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. 
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. 

TN (NAFTA) VISAS​

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. 
Permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Requirements:
  • Citizen of Canada or Mexico. 
  • Profession qualifies under the regulations. 
  • Position in the United States requires a NAFTA professional.
  • Have a prearranged full-time or part-time job with a U.S. employer (but not self-employment).
  • Have the qualifications of the profession.    
  • Credentials evaluation.

DESIGNATED TN PROFESSIONS

  • ​Accountant - Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A. 
  • Actuary - satisfaction of the necessary requirements to be recognized as an actuary by a professional actuarial association or society
  • Architect - Baccalaureate or Licenciatura Degree; or state/provincial license 
  • Computer Systems Analyst - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience 
  • Disaster Relief Insurance Claims Adjuster - (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims 
  • Economist - Baccalaureate or Licenciatura Degree 
  • Engineer - Baccalaureate or Licenciatura Degree; or state/provincial license 
  • Forester - Baccalaureate or Licenciatura Degree; or state/provincial license 
  • Graphic Designer - Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience 
  • Hotel Manager - Baccalaureate or Licenciatura Degree in hotel, restaurant management; or post-secondary diploma or post-secondary certificate in hotel, restaurant management and three years experience in hotel/restaurant management 
  • Industrial Designer - Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience 
  • Interior Designer - Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience 
  • Land Surveyor - Baccalaureate or Licenciatura Degree or state/provincial/federal license 
  • Landscape Architect - Baccalaureate or Licenciatura Degree 
  • Lawyer - (including Notary in the province of Quebec) L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar 
  • Librarian - M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite) 
  • Management Consultant - Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant , or five years experience in a field of specialty related to the consulting agreement 
  • ​Mathematician - (including statistician) Baccalaureate or Licenciatura Degree 
  • Range Manager/Range Conservationist - Baccalaureate or Licenciatura Degree 
  • Research Assistant - (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree 
  • Scientific Technician/ Technologist - Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research 
  • Social Worker - Baccalaureate or Licenciatura Degree 
  • Sylviculturist - (including forestry) Baccalaureate or Licenciatura Degree 
  • Technical Publications Writer - Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience 
  • Urban Planner - (including Geographer) Baccalaureate or Licenciatura Degree 
  • Vocational Counselor - Baccalaureate or Licenciatura Degree 
​
MEDICAL & ALLIED HEALTH PROFESSIONALS
  • ​Dentist - D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license 
  • Dietitian - Baccalaureate or Licenciatura Degree; or state/provincial license 
  • Medical Laboratory Technologist (Canada) / Medical Technologist (Mexico and the United States) - Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience 
  • Nutritionist - Baccalaureate or Licenciatura Degree 
  • Occupational Therapist - Baccalaureate or Licenciatura Degree; or state provincial license 
  • Pharmacist - Baccalaureate or Licenciatura Degree; or state provincial license 
  • Physician - (teaching or research only) M.D., Doctor en Medicina; or state/provincial license 
  • Physiotherapist / Physical Therapist - Baccalaureate or Licenciatura Degree; or state/provincial license 
  • Psychologist - State/provincial license; or Licenciatura degree 
  • Recreational Therapist - Baccalaureate or Licenciatura Degree 
  • Registered Nurse - State/provincial license or Licenciatura degree 
  • Veterinarian - D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
​SCIENTIST
  • Agricultural (Agronomist) - Baccalaureate or Licenciatura Degree 
  • Animal Breeder - Baccalaureate or Licenciatura Degree 
  • Animal Scientist - Baccalaureate or Licenciatura Degree 
  • Apiculturist - Baccalaureate or Licenciatura Degree 
  • Astronomer - Baccalaureate or Licenciatura Degree 
  • Biochemist - Baccalaureate or Licenciatura Degree 
  • Chemist - Baccalaureate or Licenciatura Degree 
  • Dairy Scientist - Baccalaureate or Licenciatura Degree 
  • Entomologist - Baccalaureate or Licenciatura Degree 
  • Epidemiologist - Baccalaureate or Licenciatura Degree 
  • Geneticist - Baccalaureate or Licenciatura Degree 
  • Geochemist - Baccalaureate or Licenciatura Degree 
  • Geologist - Baccalaureate or Licenciatura Degree
  • Geophysicist (including Oceanographer in Mexico and the United States) - Baccalaureate or Licenciatura Degree 
  • Horticulturist - Baccalaureate or Licenciatura Degree 
  • Meteorologist - Baccalaureate or Licenciatura Degree 
  • Pharmacologist - Baccalaureate or Licenciatura Degree 
  • Physicist (including Oceanographer in Canada) - Baccalaureate or Licenciatura Degree 
  • Plant Breeder - Baccalaureate or Licenciatura Degree 
  • Poultry Scientist - Baccalaureate or Licenciatura Degree 
  • Soil Scientist - Baccalaureate or Licenciatura Degree 
  • Zoologist - Baccalaureate or Licenciatura Degree 

TEACHER 
  • College - Baccalaureate or Licenciatura Degree 
  • Seminary - Baccalaureate or Licenciatura Degree 
  • University - Baccalaureate or Licenciatura Degree
2021 | HECTOR PHILLIPS | ATTORNEY AND COUNSELOR AT LAW