United States

EB 5 Visa Program-

EB-5 Program was created by the U.S Congress in 1990 to enable Foreign investors to obtain a U.S Visa by making investments in a U.S business which will improve the economy and results in more job opportunities. Administered by the United States Citizenship and Immigration Services (USCIS), Investments made in a “Target Employment Area” which mainly includes most regional center projects, can qualify with a minimum investment of $500,000.

  • Investors and family become eligible for the green card
  • University acceptance rates get higher
  • Lower University tuition rates
  • Live, attend school, and work anywhere in the U.S.
  • No lottery, waiting list, or sponsorship required

Eligibility for EB-5 Visa

To apply for EB-5 Program you must fulfill certain requirements:

  • Make an investment of $ 500K
  • Must have attained 21 years of age
  • Source of funds and assets shown should be legal

Why Invest in the US EB-5?

You, as an applicant will enjoy a number of benefits under the EB-5 program including:

  • No language proficiency requirement
  • No requirement for minimum education
  • No requirement of managerial or business experience
  • No compulsion to reside in the region of investment
  • Investment capital can come from any lawful activity including business ownership, inheritance, or gift.
  • You will reap the benefit of lower tuition fees and will be able to live, work and study in any part of US.
  • Children under 21 years of age are included under this program

USA EB-5 Investor program will open the world of opportunities for you and give a better living standard to you and your family. For complete details on how you can make your investment in USA feel free to contact one of WWICS expert consultants.

L1 Program-

The L-1 visa is a non-immigrant visa category in the United States that is designed for intracompany transferees. It allows multinational companies to transfer certain employees from their foreign offices to work in the U.S. temporarily.

Eligibility Criteria-

To be eligible for an L-1 visa, both the employee (visa applicant) and the employer (sponsor) must meet specific eligibility requirements. Here are the general eligibility requirements for the L-1 visa:

For the Employee (L-1 Applicant):

  • Employment with a Qualifying Organization: The employee must be currently employed by a qualifying multinational organization with a relationship to the U.S. employer. The organization must be a parent company, subsidiary, affiliate, or branch office of the U.S. entity.
  • Position Qualification: For L-1A (Managers/Executives), the employee must be coming to the U.S. to work in a managerial or executive capacity. This typically involves overseeing a significant portion of the organization’s operations or managing a critical function. For L-1B (Specialized Knowledge), the employee must possess specialized knowledge of the organization’s products, services, technology, or procedures. Specialized knowledge means advanced knowledge that is not commonly possessed by other employees in the industry.
  • One Year of Employment: The employee must have worked for the foreign company continuously for at least one year within the three years immediately preceding the L-1 visa application. This period of employment must have occurred outside the U.S.

For the Employer (Sponsor):

  • Qualifying Relationship: The U.S. employer must have a “qualifying relationship” with the foreign entity employing the visa holder. This includes parent, subsidiary, affiliate, or branch office relationships. The organizations should demonstrate a significant level of control or ownership by the same parent or entity.
  • Conducting Business in the U.S.: The U.S. employer must be actively doing business in the U.S. and must have a physical office or facility where the employee will work. In the case of a new office, the U.S. entity must demonstrate a plan to support the employee’s position.
  • Employment Offer: The U.S. employer must extend a valid employment offer to the employee and be willing to file an L-1 petition with U.S. Citizenship and Immigration Services (USCIS) on the employee’s behalf.

E2 Program-

The E-2 visa is a non-immigrant visa that allows foreign nationals from certain treaty countries to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business. This visa is designed to promote foreign investment and facilitate the movement of individuals who contribute to the American economy.

Eligibility Criteria-

Although the specific eligibility requirements for the E-2 visa may vary depending on each individual’s case, the general eligibility requirements all applicants can expect are:

  • Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries qualify, so it’s essential to check the list of eligible treaty countries on the U.S. Department of State’s website.
  • Substantial Investment: The applicant must invest a substantial amount of capital in a U.S. business. The investment must be sufficient to ensure the success of the business, and the specific amount considered “substantial” can vary depending on factors such as the type of business and its scale.
  • Active Management: The investor must typically play an active role in the management of the U.S. business. An active role could mean having control and ownership of at least 50% of the enterprise, being involved in making major decisions, and overseeing day-to-day operations.
  • Business Type: The investment must be in a bona fide enterprise, and the business should not be marginal. The enterprise must have the capacity to generate more than enough income to provide a minimal living for the investor and their dependents.
  • Source of Funds: Similar to proving the business is a legitimate and legal venture, the E-2 applicant must prove that the funds invested in the U.S. business have a legitimate source. This helps to ensure that the money used for the investment was obtained legally.

US Permanent Residence via  National Interest Waiver Category-

The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a Green Card (permanent residence).

For EB-2s, a job offer and a labor certification is generally required. This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States.

One reason USCIS may grant the national interest waiver is because a physician has worked or agrees to work for a period of time in a designated underserved area.

ELIGIBILITY CRITERIA-

  • You must work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years;
  • You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician;
  • You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA); and,
  • You must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest. (This statement is known as an attestation).

E1-Treaty Trader Category-

The E1 Visa allows individuals or employees of companies to enter the United States for the purpose of carrying out international trade which may include the trade of goods, services and much more.

To qualify for E-1 classification, the treaty trader must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation;
  • Carry on substantial trade; and
  • Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

  • Goods
  • Services
  • International banking
  • Insurance
  • Transportation
  • Tourism
  • Technology and its transfer
  • Some news-gathering activities.

TN Visa-

If you’re a Canadian or Mexican citizen with a job offer in the United States, congratulations – you may be eligible to enter on TN status.

For Canadian and Mexican citizens who work in certain specialty occupations, the TN visa can be a great way to work in the United States. If you are eligible, it’s one of the quickest and most straightforward U.S. work authorizations to get.

A TN visa, also known as a Trade NAFTA visa is a nonimmigrant visa that allows Canadian and Mexican citizens who work in specific professional occupations (NAFTA professionals) to work in the United States. It is a temporary visa, with an initial validity of up to three years, but it can be renewed indefinitely as long as the holder continues to meet the eligibility requirements.

The visa is available to citizens from Mexico and Canada under the former North American Free Trade Agreement (NAFTA), now known as the U.S.-Mexico-Canada (USMCA) agreement, which created unique economic and trade relationships for the United States, Canada, and Mexico.

Entering on TN authorization allows qualified Canadian and Mexican citizens to stay and work in the United States, as long as their U.S. job offer falls under a list of NAFTA professions.

ELIGIBILITY-

To be eligible for TN status, you will need:

  • Proof of your Canadian or Mexican citizenship, such as a passport
  • A pre-arranged full-time or part-time job in the United States with a U.S. employer or a foreign employer with a U.S. entity
  • Qualifications to practice, such as a bachelor’s or master’s degree

Your job should also fall under the list of 60 NAFTA professions. Examples of NAFTA professions include engineers, lawyers, social workers, and dentists.

H1B Category-

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Typically, the roles require a bachelor’s degree or equivalent. Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more.

ELIGIBILITY

In order to be eligible for the H1B visa, you will need:

  • A valid job offer from a U.S. employer for a role that requires specialty knowledge
  • Proof of a bachelor’s degree or equivalent experience in that field
  • Your employer must show that there is a lack of qualified U.S. applicants for the role

Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

To do this, your employer will need to submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification. The purpose of the LCA is to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area and that your working conditions will not affect other employees.

Once the LCA has been certified by the DOL, your employer will have to complete Form I-129, Petition for a Nonimmigrant Worker, and file both the LCA and the I-129 to USCIS, along with any fees and additional documentation. These other documents may include evidence of your education, any training certificates or professional membership documents if relevant, your resume, a confirmation letter of employment, a letter of support, and any necessary fees.

If your Form I-129 is approved, then there are two options for you, depending on whether you are in the United States already or not.

If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working.

If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete Form DS-160, which will take around 90 minutes to fill in. You will also need to pay the application fee and schedule an interview at a U.S. embassy or consulate near you.

Once you have arranged an interview, you will need to bring documents such as:

  • Your passport. This should be valid for at least six months beyond your intended date of entry to the United States
  • A printout of the confirmation page from your Form DS-160.
  • A copy of your approvedI-129 petition and your I-797 approval.
  • Receipts showing you have paid your application fees.
  • A passport-sized photo of you that follows S. State Department requirements.

During your interview, you may be asked questions about yourself, the job, your experience, the employer, and your travel history.

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