Tag Archives: immigration

H1B Visa – General Overview

The H1B visa category is for noncitizens who will work in the United States in a “specialty occupation,” perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability.

The “specialty occupation” category is the one that applies to most employers and individuals. It refers to jobs for which the usual requirement is a U.S. bachelor’s degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. Examples of jobs that qualify include accountants, engineers, information technology professionals, pharmacists, scientists, and teachers.

There is a cap of 85,000 visas for first-time applicants each federal fiscal year, which runs October 1 to September 30.
Key Features of the H1B Visa.

Here are the basics on the H1B visa:
The H1B visa can be approved only based on a specific employer, offering a specific job in a specific location. A change in any one of these often requires the sponsoring (or new) employer to file a petition with U.S. Citizenship and Immigration Services (USCIS).

The employer must pay the H1B employee the higher of the actual wage or prevailing wage, as described in, “H1B Employers: What Wage Must You Pay?”
The H1B employee can work for up to six years in the U.S., authorized in maximum periods of three years at a time. The six-year limit does not apply if the employee works less than six months each year in the United States or has reached certain milestones in the employment-based green card process.
Dependent family members (spouses and children under age 21) are eligible for H4 visas to accompany the H1B worker. H-4 visas do not allow for employment in the U.S.

If the employer terminates the H1B worker, the employer must offer to pay for return transportation to the worker’s last place of residence abroad. The return transportation requirement does not apply if the H-1B worker resigns or leaves on his or her own. It also does not apply to H-4 family members.

When the H1B employment ends, the employer must notify USCIS and have the petition revoked. As long as the H1B petition remains in effect, the employer must pay the worker’s wages.

For more information: http://www.immigrationlawyer-sandiego.com/H1B-Visa.htm

 

Key Features of E-2 Visa – San Diego Immigration Lawyer

In this article, I will review pluses, minuses, and issues surrounding the E-2 visa:

The treaty investor can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by the visa holder or other citizens of the country of origin, so long as this country has a treaty with the U.S.
While in the U.S., the treaty investor or employee is restricted to working only for the employer or self-owned business that acted as the E-2 visa sponsor.

Initial visas may last for up to five years, with unlimited extensions. The length of the visa depends upon the visa “reciprocity” agreement between the U.S. and the foreign country and upon the viability of the business (new companies receive shorter validity periods).

Each time E visa holders (workers or family members) enter the U.S., they receive a period of stay of up to two years. They also may extend their stay while remaining in the U.S.

Visas are available for an accompanying spouse and minor, unmarried children.
The spouse, but not children, may apply for a work permit once physically present in the U.S.

Like the E-1 visa, some people call the E-2 the next best thing to U.S. permanent residence, because it is possible to obtain via self-employment, and it comes with an unlimited number of extensions. Also, there are no annual limits on the number of E-2 visas that can be issued to qualified applicants.

Qualification Criteria for an E-2 Treaty Investor Visa
There are six requirements for getting an E-2 visa:

The applicant must be a citizen of a country that has a relevant treaty with the United States.
The applicant must be coming to work in the U.S. for a company that he or she either owns or that is at a minimum 50% owned by other nationals of the country of origin.

The applicant must be either the owner or a key employee (executive or supervisor, or someone with essential skills) of the U.S. business.

The applicant or the company must have made a substantial investment in the U.S. business (there’s no legal minimum, but the applicant or company must be putting capital or assets at risk, be trying to make a profit, and the amount must be substantial relative to the type of business).

The U.S. company must be actively engaged in commercial activities and meet the applicable legal requirements for doing business in its state or region. It also cannot be merely a means to support the investor. The underlying goal of the treaty investor visa is to create jobs for U.S. workers.

The applicant must intend to leave the U.S. when his or her business in the U.S. is completed, although the person is not required to maintain a foreign residence abroad. The applicant will likely be asked to show the U.S. consulate evidence of eventual plans to leave the United States.

For more information: http://www.immigrationlawyer-sandiego.com

San Diego Immigration Lawyer
Law Offices of Hasbini

E-2 Visa – Amount of Investment – San Diego Immigration Lawyer

Eligibility for the E-2 Visa

Alien investors who meet the following requirements may qualify for an E-2 visa:

The investor’s home country maintains a treaty of commerce and navigation or bilateral investment with the United States;

The investor has made a “substantial investment” (typically $50,000.00 or more) in a U.S. business;

The business in which the investment was made is not less than 50 percent owned by citizens of the treaty country;

The investor intends to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves specialized skills;

The investor possesses means of support independent of the enterprise.

It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.

Substantial Investment
There is no fixed amount of investment necessary to qualify for an E-2 visa, although as a general rule of thumb a minimum investment of $50,000.00 is necessary. The investment must amount to not less than fifty percent ownership in an enterprise that generates active income (as opposed to “passive income”, such as that generated from rental property).

Ordinarily, the investment will be made by the E-2 applicant. There may, however, be circumstances in which an E-2 visa will be issued to an employee of a foreign company that qualifies as a treaty investor, provided the employee comes the United States in an executive or supervisory capacity to direct the enterprise or possess a specialized skill required by the enterprise.

For more information: http://www.immigrationlawyer-sandiego.com