Immigrating to the United States. Learn how to proceed

There are many ways to immigrate and / or live legally in the US, such as through family ties, marriage, employment, investments, etc.

1. L-1 Visto de Negócios

The L-1 visa authorizes an overseas company to transfer managers and personnel to run a subsidiary or affiliated US company. It can also be used to transfer managers and staff to start a new subsidiary or affiliate company. However, proof is required that the US operation has been constituted, through a social contract, incorporation documents, etc.

The L1 visa category is not restricted to companies of a certain size, nor is it required that the overseas company and the American company be the same type of business.

A major advantage of L-1 is that in certain circumstances, you may be able to get a Green Card at a later date without needing to go through the grueling Work Certification process, which would normally be the first step in obtaining a Green Card through your work. In the future, the spouse of an L-1 visa holder may obtain work authorization during his or her stay in the United States.

The L-1 visa can be obtained quickly, usually within 45 days. However, you may pay an additional fee to USCIS (US Immigration Department) of $ 1,000.00 for expedited processing (typically completed within 15 days).

Phases

The process of obtaining permanent residence status through L1A is carried out in three stages:

• Initially, the L1A visa is issued for a period of one year with the purpose of initiating the operations of the American subsidiary;
• Second, the L1 visa can be renewed for another two years (the total authorized L1A period of stay is seven years). The renewal of the visa will be granted after analyzing the growth and the financial data of the first year of the American subsidiary, among other considerations;
• Third, once renewed for two years, the holder of the L1A visa may apply for permanent residence, the American company being the sponsor of the Green Card of the holder and his / her family.

L1- Requirements:

You qualify for an L-1 visa if you have been employed abroad as a manager, executive or person with expertise for at least 1 year during the past three years, and if you are being transferred to the United States to perform a similar function in a similar position. The US company to which you are being transferred should be an affiliate, subsidiary, or joint venture. The company must remain in operation while you have the L-1 visa. To obtain the document, it is not necessary for the company to be operating under a specific business structure. Various forms of business are accepted, but not restricted to corporations, limited corporations, partnerships, joint ventures, etc.

Manager, Executive or person with specialized knowledge:

To be eligible for a L-1 visa, your position you hold in the company outside the United States must be a manager, executive (owner) or person with specialized knowledge. You must have worked for the required position for at least 1 year in the past 3 years. For immigration purposes, the definitions of manager, executive or person with specialized knowledge are more restricted.

1. Manager

A manager is defined as a person who has all 4 characteristics, namely:

• Manages the company or the organization department;
• Supervises and controls the work of another supervisor, professional or managerial employees or manages an essential function for the organization;
• Has authority to hire and fire supervised persons. If no one is supervised, the manager must work at a senior level within the organization;
• Has the authority to make decisions concerning routine operations within the portion of the organization he or she manages.

1. Executive

An executive is defined as a person who has all 4 of the following characteristics:

• Manages the company or most of it;
• Sets goals for the company;
• Has extensive discretionary authority and confidentiality;
• Receives only general oversight from high-level executives, a board of directors or from shareholders of the company.

An executive coming to work at an American company that has been in operation for at least a year also qualifies as a priority employee for receiving a Green Card.

Related Links

When you qualify for an L-1 visa, your spouse and children under the age of 21 can obtain L-2 visas. A visa holder’s spouse is also able to obtain a work permit during their stay in the United States.

Process

The company needs to create a Business Plan (which will mention the values that the headquarters will send to the branch in terms of investments, salaries, machinery, etc.) during the first three years, as well as other topics such as the American territory covered, if there are already customers in the US, who are or will be the target customers and why you believe this will be a good business). For this, the lawyer provides a model of Business Plan already approved to facilitate this process.

The company must have at least 8 employees (or service providers) and an annual turnover of at least R $ 200,000.00, because below these numbers the approval becomes more difficult.

The office will take care of both the applicant’s visa (L1) and the spouse’s and children’s (L2) visa.

This process, if approved, entitles one year of L1 (and L2) visas. After this period, there is a process of evaluation of the company in the United States to see if it is established and has a future, and if so, the visa is usually renewed for another 3 years.

Grounds for unfavorable decision

Often, what we see is the USCIS approve the first L1A visa based on an elaborate business plan and a compelling amount of money at the bank. It may seem easy to get an L1A visa initially, but visa renewal can become problematic and end up in frustration, especially for those who wish to stay permanently in the United States.

The reasons for unfavorable decision in the renewal of L1A cases are almost identical in the vast majority of cases:

1. Petitioner did not establish that the beneficiary was employed in a management position or as an executive of the company (this occurs mainly when the company is small and the immigration authorities consider that the beneficiary is performing functions that are not inherent to the position of manager or executive);
2. Petitioner did not hire properly or sufficiently employed (in this case immigration agents always observe if the number of employees is proportional to the size of the company, if employees have some degree, if they occupy management positions etc.);
3. Petitioner did not settle in a specific place (did not rent or bought a space to install the company).esa).

The biggest mistake made by the majority of petitioners or immigration lawyers is to believe that the same conditions required for the approval of the first term of the L1A visa will be sufficient to ensure renewal of the second visa term. This is a fatal mistake. To obtain the first L1A, the petitioner only needs to prove that he is sending a transferred executive / manager to initiate operations of the US subsidiary. In the first term, the exercise of non-managerial or executive functions, such as administration, marketing, public relations and human resources, is permitted.

LIST OF DOCUMENTS FOR THE FIRST PHASE OF L-1:

Documents of the Foreign Company

1. Copy of the Social Contract;
2. Lease agreement or purchase agreement for the premises of the company;
3. Company Income Tax for the last 3 years, if available;
4. Audited Financial Statements;
5. Municipal License;
6. Employee payroll records for a full year. Copies of payroll records that include payroll accounting and proof of payment of salaries to employees (must be more than two employees) during the one year – at least one record / voucher per quarter is required;
7. List of officials with a full description of their duties;
8. Staff table;
9. Resumes and diplomas of employees;
10. Bank statements of the company of one year;
11. Some invoices sent to customers for the last three years (if available);
12. Business contract with customers;
13. Photographs of company facilities showing facilities and employees;
14. Website;
15. Marketing materials;
16. Beneficiary documents;
17. Beneficiary’s resume along with diploma;
18. Business card of beneficiary;
19. Copy of complete passport.

US Company Documents (attorney helps to open the company)

1 . Copy of the Social Contract;

2 . IRS Letter of Confirmation with Employer Identification Number (FEIN);

3. Stock Certificates;

4 . Rental of a business establishment or proof of purchase;

5. Licenses / authorizations for the new business;
6. Letter from the bank stating that the company holds an open account;
7. Corporate office photos;
8. Purchase invoices for furniture, office supplies, etc., purchased to establish new company in USA;
9. Website;
10. Marketing material used to promote or advertise business;
11. Business plan of a certified public accountant or company executive (we suggest using a computer program called BIZPLAN to prepare this document);
12. Company chart proposed;
13. Evidence of investment for the new US company (if available);
14. Documents transfer money from the foreign company directly to the bank account of the US company.
15. EB-5 Investor’s Visa

The EB-5 program is a permanent residence option aimed at people with high purchasing power. As there is no waiting list or quotas in this category of immigration, permanent residence can be obtained much more quickly than in most other alternatives.

The EB-5 program requires an investment of at least $ 1 million (or $ 500,000 if in “designated areas” or “rural areas”) in a commercial enterprise that will create at least 10 full-time local jobs. Although the role of the investor should not be totally passive, the applicant may choose to get involved in day-to-day business management whether or not he wants to. Evidence from legal sources of the funds invested in the investment will be required. The applicant may invest in his or her own business or third party business. There are some other pre-approved options available for investing known as “regional centers”. Regional centers are areas where the US government pre-determined qualifying investments for EB-5 purposes.

If your application is approved, the applicant and his / her dependents (spouse and children under the age of 21) will be granted conditional permanent residency for two years. Within 90 days before the expiration of that period, the applicant shall provide evidence documenting that the total required investment has been made and that 10 jobs have been created or will be created within a reasonable period of time. If approved, the applicant and the other members of his / her family will receive permanent residency (Green Card), and will no longer be required to use the EB-5.

3. E-1 Treaty Views

In order to qualify for the E-1 program, the applicant must be from a country with which the US has a treaty and the applicant must be coming to the US to work for a company, as long as he holds at least 50% of that company or that it belongs to other citizens of its country of origin. At least 50% of the business trade needs to be between the US and your country. This “trade” refers not only to tangible goods, but also to technology, services, transportation, etc. Turnover must be substantial and is valued at its dollar value, volume and frequency. The E-1 visa is issued for two years, but may be extended indefinitely, as long as the qualification conditions remain valid. The spouse can also obtain authorization to work in the country.

Unlike the EB-5 visa, the E-1 visa does not specify a minimum investment amount required to qualify. It depends on several factors such as the nature of the business. This is a great alternative to EB-5 visa, but the applicant needs to have citizenship in one of the countries with which the US has the treaty.

The USA has now established the E-1 Treaty with the following countries: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Kosovo, South Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom and Yugoslavia.

4. E-2 Business and Investment Visa by Treaty

To qualify for the E-2 program, the applicant must be a citizen of a country with which the US has a treaty and must come to the US to open a new business or work for a US company that is at least 50% owned to investors in your country. There is no minimum capital requirement, but the investment must be substantial enough to operate a company in the chosen industry. The E-2 visa allows the applicant to live in the US while investing, operating and running the business in the US. The E-2 is issued for two years, but may be extended indefinitely, as long as the qualifying conditions remain valid. The spouse can also obtain authorization to work in the country.

Unlike the EB-5 visa, the E-2 visa does not specify a minimum investment amount required to qualify. It depends on several factors such as the nature of the business. This is a great alternative to EB-5 visa, but the applicant needs to have citizenship in one of the countries with which the US has the treaty.

The United States has now established the E-1 Treaty with the following countries: Albania, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan) Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Japan, Jordan, Kazakhstan, Kosovo, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland Senegal, Serbia, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.

5.   Family Derivative Visas

• US citizens can give Green Card to parents, children and siblings.
• Permanent residents can confer Green Card to spouses and single children.

Note: These visas are also offered to family members by marriage and by adoption.

6. . Visas for Employment

• EB-1: people with extraordinary skills, teachers / researchers, multinational executives;
• EB-2: people with masters and doctorates and doctors (in needy areas);
• EB-3: qualified and professional workers with a Bachelor’s Degree or at least 2 years of experience;
• EB-4: religious workers and other special immigrants;

7. Green Card Lottery

8. Refugees and asylum seekers

9. Visas for Temporary Visits and Stays

Generally have validity of 10 years, but each stay is usually up to 6 months.

• B-1: Business Visa – This visa allows the foreigner to open a business, acquire goods (including real estate), sign contracts and perform some specific activities in the United States. However, it does not give you permission to work, directly manage a company or receive salaries in the US.
• B-2: Tourist Visa.

Student Visas

• F-1: students.
• J-1, H-3: training and stages.

Work and Employment Visa

• H-1B: specialized occupation (baccalaureate minimum, maximum of 6 years).
• H-2A, H-2B: seasonal workers (maximum 3 years).
• O-1: people with extraordinary ability in arts, science, education, business or sports.

Disclaimer: All information is provided here in a general manner, as a courtesy, and is not intended to replace the opinion of a professional who is specialized in this area. We can indicate an immigration lawyer of our confidence.