The American Visa

The United States is known for being a free and open society that attracts citizens from around the world to conduct business, work temporarily, study, or live in the country. The type of visa required for each activity is stipulated in the Immigration and Nationality Act. Below is an updated analysis of the most relevant visas for entrepreneurs and investors.

Visa Categories

Visas are divided into:

• Non-Immigrant Visas: For those who wish to stay temporarily.

• Immigrant Visas: For those seeking permanent residence.

I. Non-Immigrant Visas

1. B-1 (Temporary Business Visa):

   • Use: Activities incidental to business or professions.

   • Duration: Generally up to 6 months.

2. B-2 (Tourist Visa):

   • Use: Recreational activities or medical treatment.

   • Duration: Generally up to 6 months.

3. E-1 (Trader Visa):

   • Use: Business under treaties of commerce and navigation between the US and the country of origin.

   • Renewal: Every 2 years indefinitely while the company operates.

   • Requirement: Be a national of a country with a current treaty.

   • Eligible Countries: Includes Japan, South Korea, Spain, Mexico, Argentina, among others.

4. E-2 (Investor Visa):

   • Use: Manage a substantial investment in the US.

   • Renewal: Every 2 years indefinitely while the company operates.

   • Requirement: Nationality of a country with an investment treaty.

   • Average Investment: USD 150,000.

   • Benefits: Work permit for spouse and education for minor children.

5. F-1 (Student Visa):

   • Use: Studies in approved institutions.

   • Requirement: Full enrollment and financial means for the duration of the program.

6. H-1B (Contract Professional Visa):

   • Use: Professionals with advanced degrees or equivalent experience.

   • Annual Limit: 65,000 visas.

   • Duration: 3 years, extendable up to 6 years.

7. L-1 (Transferred Executive Visa):

   • Use: Transfer of executives between international subsidiaries.

   • Duration: Initial 1 year (new companies) or 3 years (established companies), extendable up to 7 years.

8. O-1 (Visa for Extraordinary Abilities):

   • Usage: People who are prominent in science, arts, education, business or sports.

   • Duration: Up to 3 years, renewable.

II. Immigrant Visas (Permanent Residence)

1. Based on Family Ties:

   • Immediate relatives of citizens (spouses, minor children, parents).

   • Quota preferences: Older children, siblings.

2. Employment Based:

   • EB-1: Extraordinary abilities, outstanding researchers, multinational executives.

   • EB-2: Professionals with advanced degrees.

   • EB-3: Skilled and unskilled workers in demand.

   • EB-4: Religious workers and certain special immigrants.

   • EB-5: Investors (minimum USD 800,000 in high unemployment areas or approved projects).

3. For Diversity:

   • Annual lottery program for nationals of countries with low immigration to the U.S.

   • Limit: 55,000 visas per year.

Recent Changes

• EB-5 (Investment): The minimum investment has increased to USD 800,000 for high unemployment areas and USD 1,050,000 in others.

• H-1B (Professionals): Increased controls to certify skills and competitive salaries.

• L-1 (Executive Transfer): Stricter reviews for companies that qualify as multinationals.

Disclaimer: This information is not a substitute for legal advice. Please consult a qualified attorney for specific cases.

Recommendation

It is vital to have legal and financial advice to determine the most appropriate visa according to individual or business needs.