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Business Visa Lawyer - North Texas

E-1 Treaty Trader and E-2 Treaty Investor Visas

E-1 Treaty Trader Visas will allow foreign nationals from treaty countries to come into the US for trading purposes. A Richardson business visa lawyer can prepare this documentation for you.There are guidelines and regulations that must be followed, including the following:

  • The trade must exist when the application is filed.
  • The person applying must either be the trader coming to engage in a substantial trade within the U.S. or must be an executive or specially ranked employee that is critical to the company.
  • The individual or the firm in question has to have the nationality of the country holding the treaty. This means that at least 1/2 of the company must be owned by the treaty country.
  • The trade must be significant. This means that there must be a constant exchange of items or enough income generated from trade to support the individual and his/her family. Trade evidence must exist, including schedules of the total trade, product/service pamphlets or brochures, documentation of transactions that quality, annual reports, and so on.
  • The trade between the U.S. and the country in question must be substantial (50% or more). This includes exchanges, sales, and purchases of services or goods, transfers of technology, or contracts that require an exchange of trade. This also entails numerous ongoing trades over time, rather than single large transactions that may occur.

E-2 Treaty Investor Visas are available for those who are coming into the U.S. specifically for the purposes of investing in a product, service, or company, or to help with development and direction of the operations that the person has invested in. 50% of the ownership must lie in the country of nationality, and the investment must be an active investment rather than a passive one. Also, the investment must be substantial, meaning that it is proportional to the total cost of the product/service/company, or that it is an investment that is critical to the nature of the business and its viability. You will need a qualified Richardson, Texas business visas lawyer to help with the documentation.

The larger the business, the smaller the investment needs to be in most cases. For example, a business costing $100,000 will generally warrant a 75% to 100% investment, while a $1 million business would only require a 50% to 60% investment to qualify. Using a North Texas business visa attorney will help expedite the process.

E-3 Visa

The E-3 visa classification is for Australian nationals. The E-3 nonimmigrant must be coming to the U.S. solely to perform services in a specialty occupation.

The petitioning employer will be required to file a Labor Condition Application (ETA 9035) with the Department of Labor’s National Office. Employers must make the same attestations that they make for H-1B applications, including those regarding paying the prevailing and actual wages, not breaking up strikes, maintaining public access files, etc. Nothing needs to be filed with USCIS unless filing for a change of status or extension of stay. Let a business visa lawyer in Richardson, Texas assist you with this process.

Individuals who are not in the U.S. who wish to be admitted initially as an E-3 must apply directly with the Department of State. Such persons must submit a job offer letter, relevant credentials, and an E-3 labor condition application.This application can be submitted by Immigration Attorneys Dallas

For purposes of the E-3 category, a specialty occupation is defined in the same manner as in the H-1B context: A specialty occupation is one, which requires:

  • The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation; and
  • Completion of a specific course of higher education culminating in a baccalaureate degree (Bachelors Degree) or higher degree (or its equivalent) in a specific occupation specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, etc.).

An example of this would be an individual obtaining an accounting degree from Harvard, performing an internship at a local auditing firm, and then being hired as an auditor for a Fortune 500 company.

An E-3 may be admitted initially for a period of up to two years and extensions of stay may be granted indefinitely in increments of up to two years.Dallas Immigrations Attorneys can see if you qualify

There is an annual cap of 10,500 E-3 visas. The spouse and children of the E-3 principal are allowed to accompany the principal and will not count against the cap. Extensions of stay will not count against the cap either.

Business visas lawyers in North Texas are experts at submitting E-3 Visas

L-1A & L-1B Intracompany Transferee

L-1A Intracompany transfer in a managerial or executive position

L-1B Intracompany transfer in a position utilizing specialized knowledge

L-1 visa is a "Petition for Non-immigrant Worker," on behalf of a foreign national who works outside the United States for a business that has a parent company, subsidiary, branch, or affiliate in the U.S. These workers, called "intracompany transferees," come to the United States temporarily to perform services. Such individuals, who perform services in a managerial or executive capacity, are called "L-1A Non-immigrants." Such individuals, who possess specialized knowledge, are called "L-1B Non-immigrants." The foreign national must be coming to the United States to work for a parent company, branch, subsidiary or affiliate of the same business that employed the individual abroad. In order to qualify, the individual must have been employed abroad by the corporation, firm, other legal entity, affiliate, or subsidiary on a full-time basis for at least one continuous year during the last three-year period.

L-1 Multinational Intracompany Transferee

If you are an executive, manager or employee (with some unique or specialized knowledge) of a multinational company, your company may petition for you to temporarily work in the United States. To be eligible to work in the United States:

  • You must have been employed abroad by the parent, branch or subsidiary corporation (sponsor or petitioner) for at least 1 year of the prior 3 years
  • Your company must have a legal business entity, nonprofit charitable or religious organization operating in the United States

L-1A Manager

To be eligible for L-1A classification as a multinational manager, your sponsoring company must demonstrate that your assignment includes:

  • Managing the organization, or a department, subdivision, function or component of the organization
  • Supervising or controlling the work of other supervisory, professional or managerial employees, or managing an essential function within the company or a department or subdivision of the organization
  • Has the authority to hire and fire or has the responsibility of personnel actions (such as promotion and leave authorization).
  • Exercising discretion over the day-to-day operations of the activity or function for which the employee has authority.

L-1A Executive

To be eligible for the L-1A classification as a multinational executive, your sponsoring company must demonstrate that your assignment includes:

  • Directing the management of the organization or a major component or function of the organization
  • Establishing the goals and policies of the organization, component or function
  • Exercising wide latitude in discretionary decision-making
  • Receiving only general supervision or direction from higher-level executives, the board of directors or stockholders of the organization

L-1B Employee with Specialized Knowledge

To be eligible for L-1B classification as an employee with specialized knowledge, your sponsoring company must demonstrate that your job knowledge includes specialized knowledge about a company's product, service, research, equipment, techniques, management or other interests and its application in international markets, or an advanced level of knowledge or expertise in the company's processes and procedures. North Texas business visas attorneys can guide you through the process.

L-1A or L-1B Sponsors

To be eligible to apply for an L-1A or L-1B employee transfer from an entity abroad to a United States entity, your employer must be part of a qualifying organization. Qualifying organization means a United States or foreign firm, corporation or other legal entity that is a parent, branch, affiliate or subsidiary of the entity you are transferring from. Your organization must be doing business in the United States as an employer as well as at least one other country. Your company must demonstrate an employer-employee relationship with you. The L-1A or L-1B visa is not limited to for-profit corporations or partnerships, so the organization applying for you may be a charitable, religious or other non-profit group. A business visa lawyers in Richardson, Texas can help guide you through this process.

For more information on obtaining a Business Visa, or to schedule an appointment regarding an E-1 or E-2 Visa Application, please contact Richardson Business Visa attorney Jessie M. Thomas.

We serve the immigration law needs of individuals throughout Texas and the DFW Metroplex, including Dallas, Richardson, Plano, Garland, Mesquite, McKinney, Irving, Bedford, Euless, Arlington, Hurst, Allen, Flower Mound, Carrollton, Lewisville, Keller, Grand Prairie, North Richland Hills, Fort Worth, Denton, Lubbock, Sherman, and Amarillo.

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