Diamond Immigration Law, P.C.

• E2 Visas​ (Treaty Investor):

 

If you are a citizen of a country which has a qualifying treaty, you can qualify for this visa based on a substantial investment into a U.S. business.

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How much money must I invest?

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While there is no clear amount listed in the U.S. immigration laws, a minnimum investment of $100,000.00 USD will give the best chance of approval. 

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Can I purchase an existing business or must I start a new business?

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You can qualify for an E2 visa buy purchasing an existing business or by starting a brand new company. 

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Can I have a business partner or must I own the company 100%?

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To qualify for an E2 visa, you must have at least 50% ownership of the company AND control over the company. This is because you must be in a position to be able to manage and direct the business.

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• E1 Visas​ (Treaty Trader):

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If you are a citizen of a country which has a qualifying treaty, you can qualify for this visa based on having an existing business that has substantial and ongoing trade between the U.S. and your country of nationality.

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How much international trade is required to qualify for an E1 visa?

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While there is no specifically listed number of transactions or value of trade, you must be able to show continuous and regular international trade between the United States and your country of nationality. Ideally, monthly or weekly transactions over at least a 12 month period, would give the best chances of approval.

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What if my business also conducts international trade with countries other than the United States?

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So long as you can show that over 50% of your international trade is conducted with the U.S., it is possible to qualify your business as an E1 company. 

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• L1 Visas​ (Intra-Company Transfer):

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If you have been employed with a foreign company in a managerial or specialized-skill position for 12 consecutive months in the past 36 months, and there is a qualifying U.S. business that shares common ownership with the foreign company, you could qualify for this visa to transfer and work for the U.S. business. In the case of a new office petition, where a the Applicant will be coming to the US to open a new office, they must also have served in a managerial or executive capacity abroad.

 

Who qualifies as a manager for the L1A visa?

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A manager is defined as someone who manages people, or those who manage an “essential function” of an organization.   The person in a manager position must:

 

• Manage the organization, or a department, function or component of the organization;

• Supervise and control the work of other supervisory, professional or managerial employees or

• Manage an essential function within the organization, or a department or subdivision of the organization;

• Has the authority to hire and fire or recommend hiring and firing of employees.  If the position does not supervise others, the person must function at a senior level within the organization’s hierarchy or with respect to the function managed; and,

• Exercise discretion over the day-to-day operations of the activity or function.

 

A first-line supervisor is not considered to be acting in a “managerial capacity” due to the supervisory duties unless the employees supervised are “professional” (hold at least a bachelor’s degree).

 

What are the criteria for classifying an individual as an L1A Executive?

 

An executive is defined as a person in a position in the company who:

• Directs the management of the organization or a major component or function;

• Establishes the goals and policies of the organization, component or function;

• Exercises wide latitude in discretionary decision-making; and,

• Receives only general direction or supervision from higher level executives, the board of directors or stockholders.

 

How much education and experience is required for an L1A executive or manager visa?

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There is no minimum educational requirement for the L1A visa.  The L1A employee must have worked for a company affiliated with the U.S. employer in a foreign country as an executive or high-level manager, or managed an essential function of the business for at least one year in the three years before the transfer.

Are the requirements for the L1A the same as the requirements for an EB1C green card as a Multinational Manager or Executive?

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The requirements are similar, but not exactly the same. In order to qualify for permanent residency as a Multinational Manager or Executive, the qualifying experience abroad must consist of at least one year as a manager or executive before the transfer into the United States.  For the L1A visa, the qualifying experience at the foreign company could be as either a manager / executive, or as a specialized knowledge employee.  If the employee’s experience at the foreign company was not as a manager or executive, the permanent residency petition would require a labor certification.  If the position at both the foreign company and the U.S. company is managerial or executive, the Multinational Manager or Executive option allows an individual to petition for permanent residency without requiring labor certification.

 

Must I receive L1A approval before applying for an EB1C greencard?

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No, there is no requirement to first obtain L1A approval to qualify for an EB1C greencard as a Multinational Manager or Executive. You can apply directly apply for the EB1C greencard without having L1A approval, either from outside of the US to then consular process to obtain an immigrant visa, or you can file to adjust your status to that of a Lawful Permanent Resident from within the US. It is possible to adjust your status while you hold any legal status in the US. For example, it is possible to adjust status from an E1 Treaty Trader to EB1C Multinational Manager or Executive.

 

• TN Visas​ (Mexican and Canadian Professionals):

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If you are a citizen of Mexico or Canada, have a job offer from a U.S. employer for a profession listed in the United States, Mexico, Canada Agreement (USMCA), and you possess the required credentials, you could qualify for a TN visa.

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Who qualifies for a TN visa?

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You must be a citizen of Mexico or Canada, have a valid job offer for a US employer for an occupation listed in NAFTA / USMCA and have the necessary qualifications for the profession. 

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Do I need to have a bachelor's degree to qualify for a TN visa?

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Not necessarily. For each listed TN profession, specific requirements are listed. Certain professions do require a bachelor's degree, while others require a bachelor's degree OR a 2 year post-graduate diploma, plus 3 years of work experience in the profession.

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