Non-Immigrant Visa Options
Immigrant Visa Options
The E-2 visa is an excellent option for entrepreneurs starting or purchasing businesses in the U.S. The regulations do not state a minimum required investment for the E-2 visa. In our experience, we have successfully represented clients investing as little as $79,000. The required amount of investment depends greatly on the nature of the business and can include working capital as well as past expenditures such as computers, software, furniture, etc.
For more detailed information, please see our E-2 Visa Guide.
The client will receive their E-2 visa in as little as 15 days of application with the USCIS if premium processing is selected, or as little as 30 days of application at a consular post.
Not all countries are eligible
Cannot use a loan as the source of funds for investment
The H-1B visa is an employment visa for foreign professionals who wish to work in a "specialty occupation". While there is no clear definition, a specialty occupation is typically one that requires at least a Bachelor's degree. If the applicant is eligible, his or her H-1B will be valid for up to 3 years with the option to extend an additional 3 years (for a total of 6 years). In certain cases an H-1B can be extended beyond the 6 year period.
For more information please see our H-1B visa guide.
The H-1B allows sponsorship for a Green Card through an employer via the Labor Certification process. The process is relatively quick for most nationalities and can be an effective recruitment tool for employers.
IF YOU HAVE RISEN TO THE TOP OF YOUR FIELD IN BUSINESS, SCIENCE, EDUCATION OR ATHLETICS, YOU MAY BE ELIGIBLE FOR AN O-1A VISA.
Path Law Group has a decade of experience securing O-1A visas for CEO's, researchers, professors and athletes. If you believe that you among the top of your field, we will review your work and walk you through the requirements of the visa and together we can decide if the O-1A is the right fit..
The O-1A is an temporary work visa for those in the arenas of business, science, education and athletics who have risen to the tops of their fields. Satisfying the O-1A requirements may be as simple as showing evidence of a major, international prize or as complex as providing a wide array of evidence spanning an entire career. Thankfully, USCIS has set out clear guidelines for how to qualify for O-1A status and a qualified attorney should have no problems determining your eligibility.
For more information please see our complete O-1A visa guide.
Standard wait times for O-1A visas are short - sometimes as little as two weeks. There are some points during the year where wait times are longer, in which case Premium Processing ($1,225) is still an option.
IF YOU HAVE ACHIEVED SIGNIFICANT SUCCESS AND RECOGNITION IN YOUR FIELD, YOU MAY BE ELIGIBLE FOR AN O-1B VISA.
Path Law Group has a decade of experience securing O-1B visas for artists, creatives and those in the motion picture industry. If you believe that you are an accomplished individual in your field, we will review your work and walk you through the requirements of the visa and together we can decide if the O-1B is the right option for you.
The O-1B is the most popular visa option for top performers in the arts or motion picture/TV industry. The regulations require extraordinary ability in the arts or extraordinary achievement in the motion picture industry. The USCIS has set out the criteria required for each and we can help walk you through the process, step-by-step.
For more information please see our O-1B visa guide.
Standard wait times for O-1B visas are typically as little as two weeks. When wait times are longer the applicant can take advantage of Premium Processing ($1,225) and get an answer from USCIS within 14 days.
THE VISA FOR INTRACOMPANY TRANSFERSEES.
The L non-immigrant visa category is one of the most useful tools available to international companies who need to bring qualified foreign employees to the United States. Path Law Group works closely with employers on securing L-1 petitions for establishing new U.S. offices as well as transferring managers, executives and employees with specialized knowledge.
L-1 visas are ideal for employees of international companies with offices in the US and abroad. The visa allows for relocation of foreign workers provided they have worked abroad for the sponsoring company for at least one continuous year within the previous three prior to admission to the US. The two entities (US and abroad) must be related in one of the following ways: 1) parent and subsidiary; 2) branch and headquarters; 3) sister companies owned by a mutual parent; or 4) 'affiliates' owned by the same or people in approximately the same percentages. The L-1 visa also allows a qualified foreign company to send an employee to the United States to help establish a new office.
For more information please see our L-1 visa guide.
An employer has an option of Premium Processing an L-1 petition in order to guarantee an answer within 15 calendar days. The USCIS fee for Premium Processing is $1,225.
THE GREEN CARD FOR THOSE WITH EXTRAORDINARY ABILITY
The EB-1A Green Card is the best option for applicants who can prove extraordinary ability in their fields. The requirements for this category are very similar to the O-1 category but are a bit more stringent. Please take a look at our overview and visa guide and feel free to contact us if you need more info.
The EB-1A classification is ideal for candidates who have been recognized as being at the very top of their field. In order to qualify, the candidate must be satisfy 3 of the following 10 criteria:
For more detailed information please see our EB-1A visa guide here.
Compared to other employment-based green cards, the EB-1A is incredibly fast and does not require the applicant to go through the lengthy PERM process.
THE GREEN CARD FOR OUTSTANDING PROFESSORS AND RESEARCHERS
The EB-1B Green Card is reserved for 'outstanding' researchers and professors. More specifically, the successful candidate must prove that he or she is internationally recognized as outstanding in his or her academic field. Please take a look at our overview and visa guide and feel free to contact us if you need more info.
The EB-1B classification is a permanent immigrant visa (green card) for outstanding researchers and professors. In order to qualify, the professor or researcher must:
The petition must also include significant evidence proving international recognition. The required evidence is outlined in our visa guide.
For more detailed information please see our EB-1B visa guide here.
Compared to other employment-based green cards, the EB-1B is fast and does not require the applicant to go through the lengthy PERM process.
High Standard: The USCIS requires significant evidence to satisfy the criteria.
THE GREEN CARD FOR TRANSFERRING MULTINATIONAL MANAGERS & EXECUTIVES
The EB-1C Green Card is a permanent immigrant visa (green card) for multinational managers and executives. The visa requires that the executive/manager have a prior relationship with the U.S. company. We outline the basics below and the details in our visa guide here. Feel free to contact us if you need more info.
The EB-1C classification is a permanent immigrant visa (green card) that allows international companies to transfer top-level managers & executives to the U.S. In order to qualify, the employer must satisfy the following:
1. The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying entities.
2. The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services.
3. The company must have been in existence in the United States for at least one year.
In addition, the employee must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and they must work in the United States in a managerial or executive capacity.
For more detailed information about who qualifies as a manager or executive please see our EB-1C visa guide here.
Compared to other employment-based green cards, the EB-1C is fast and does not require the applicant to go through the lengthy PERM process.
Proof of Managerial or Executive Capacity can be challenging for smaller companies
THE TEMPORARY STATUS FOR INCOMING ENTREPRENEURS.
After years of waiting the USCIS has finally offered a solution for entrepreneurs seeking to grow their businesses in the U.S. While not a formal visa, the USCIS decision allows qualified applicants to stay in the U.S. for up to 5 years (2.5 year initial duration with the possibility of an additional 2.5 year extension).
Effective July 17, 2017 certain entrepreneurs will be allowed entry into the United States in order to operate and grow their startup entities. In order to qualify for this discretionary grant of status, the entrepreneur must show the following:
We cover all of these requirements in detail in our Startup Status Guide here.
The spouse of the primary applicant for the startup status is also eligible to receive employment authorization.