Visas
This law allows spouses or children who have been victims of domestic violence by a permanent resident or citizen of the United States to obtain immigration status and work authorization.
The basic requirements to apply for the E1 visa (Merchant Visa) are the following:
- The applicant must be a merchant of goods or services from countries with mutual agreements with the United States.
- The value of the imports / exports made must be of a considerable amount. Not less than $ 100,000 in the last 12 months.
- A constant and continuous flow is required. For example, it is preferred to have done 12 businesses in the last 12 months worth $ 8,000 per month, than to have made two imports / exports worth $ 50,000 each. In other words: The more operations you have performed in the last 12 months, the better.
The benefits of the E-1 visa are as follows:
- The E-1 visa gives you and your family the right to live legally in the United States.
- It allows you and your spouse to obtain permission to work legally.
- Gives access to the United States education system. Your children can travel to the United States to study in both public and private schools, without needing to apply for a student visa.
- The E-1 visa grants easier income to the United States. Every time you travel and leave the country, you do not have to carry out a single procedure, but you have permits for 1 year, easily renewable.
- It will allow you to obtain a social security number, which is used to obtain a credit history. If you have a positive track record, you will have easy access to credits to buy a house, a vehicle or invest in a business.
The E-2 visa gives every foreign entrepreneur, and also his family, the real possibility and opportunity to reside and work in the United States, in a completely legal way.
Important information about the E-2 visa:
- It is a nonimmigrant visa, this means that it must be renewed every certain number of years
- It is not a permanent residence visa (Green Card)
- The E-2 visa applies to those who are thinking of opening a business in the United States, and are willing to invest a substantial amount of money. The amount depends on the business, industry and the specific city where you want to locate your business.
- Your business cannot be a non-profit organization, it must make a significant contribution to the economy and employ American citizens.
- You must submit a 5-year business plan, indicating the evolution of your company.
- The government will require you to prove that the funds you will be investing come from a legal origin.
The investor visa based on the NAFTA treaty has many benefits since the investor with a reasonable investment in their own business or an investment in an American company can obtain a visa in the US along with their spouse and children under 21 . The visa can be processed with the American consulate in your country or it can be processed with the US immigration service. This visa is approved for an initial period of 1 to 2 years and is unlimitedly renewable as long as the company where you have invested continues to operate.
What are the requirements?
- The investor must be a citizen of one of the following countries:
- Argentina, Bolivia, Chile, Colombia, Costa Rica, Honduras, Italy, Mexico, Spain, among others.
- That the investor establishes a new company in the US or get an existing business and capitalize on it
- That the investor invests a substantial amount of capital in cash and / or equipment and inventory. There is no specific amount but it should be proportional or logical depending on the company.
- That the company begins its operations before submitting the request
- That a detailed business plan be prepared
- And finally, that the company is real and operational
Advantages: You can relocate in the US with your family. Your spouse can apply for a work permit. You can register your children in US public schools.
The EB-1 visa is an immigration visa that is based on the extraordinary abilities of applicants: managers of multinational companies, executives, university professors and researchers, etc.
There are 3 categories of the EB-1 visa:
- EB-1 (A): Extraordinary ability must be verified in some of the following categories: science, art, education, business or athletics. Request in detail documentation that lists your achievements and acknowledgments in your field. The applicant does not need to have a job offer.
- EB-1 (B): For university professors or outstanding researchers. The applicant must have at least 3 years of experience in the field of teaching or research. The reason for entering the United States should be the search for a job in a research position within an educational entity such as a university or higher education entity.
- EB-1 (C): This visa is specific for those executives or managers of multinational companies. To obtain it, the applicant must have worked outside the United States for a period of 3 years, where 1 of those years must have been in a company as a manager.
Benefits of the EB-1 Visa
- Possibility of residing in the United States
- Possibility to graduate and enter the United States without any restrictions
- Possibility of working legally in the United States
- Possibility of bringing relatives to the United States, such as your spouse or unmarried children under 21, with a dependent visa.
The EB-2 immigrant visa is based on employment. It is a visa for professionals who have a high degree or advanced level. Also for those foreigners who have an exceptional ability or lastly, for people looking for a visa in the US national interest.
There are 3 categories of the EB-2 Visa:
- EB-2 (A): For those people who have an advanced degree, and in turn an offer from a US company that needs to hire profiles with those characteristics.
- EB-2 (B): Applicants must be able to demonstrate “extraordinary ability” in any of the following fields: science, art or business. Such extraordinary ability is defined as, "a degree of skill significantly greater than usually seen in science, arts or business."
- EB-2 (C): For those who seek a national interest exemption through their “exceptional ability.” Applicants can apply for this visa by their own means, regardless of a request made by a job or a company.
Benefits of the EB-2 Visa
- Possibility of residing in the United States
- Possibility to graduate and enter the United States without any restrictions
- Possibility to work legally in the United States
- Possibility of bringing relatives to the United States, such as your spouse or unmarried children under 21, with a dependent visa.
You must meet the requirements mentioned below to obtain an EB-3 Visa. It must be a specialized worker or a professional, being the definition of both alternatives:
- “A specialized worker” is a person whose work demands at least two years of experience; or
- "A professional" is a person whose job requires a minimum degree, a degree, and is a professional.
If you are interested in obtaining an EB-4 visa, you should keep in mind that it is based on employment and that you must be a “special immigrant.” What does it mean to be a “special immigrant?” Belonging to one of the following categories:
- Ministers and religious workers
- Broadcasters
- Iraqi / Afghan translators
- Iraqis who have helped the United States
- Employees of international organizations
- Doctors
- Members of the Armed Forces
- Employees of the Panama Canal area
- Employees retired from NATO-6
- Spouses and children of deceased NATO-6 employees
The EB-5 visa can be applied for by employers outside the United States, and will allow him / her, their spouse and unmarried children up to 21 years of age, to live and work legally in the United States.
This type of visa can conclude with obtaining permanent residence and then citizenship.
The United States administration grants 10,000 EB-5 visas each year, which are carefully studied. Reason why it is essential that you contact a lawyer to have real chances of obtaining it.
With an EB-5 visa, like the E-2 visa, the investor can bring his spouse and in turn the spouse can obtain work permit and work in the US. And in the same way, your children under 21 can live and attend a public or private school in the US.
Important information about the EB-5 investor visa:
- The investment must be greater than $ 1,000,000 US dollars.
- The possibility that the investment is of US $ 500,000 is contemplated, if the company you are creating will be established in rural, low-density areas, designated as a regional center or in cities with low-employment economies.
- You must create at least 10 jobs for a period of not less than 2 years.
- The visa does not require the investor to have specific knowledge, academic level, nor do they have to demonstrate knowledge of the English language.
- Any citizen of the world can apply for this type of visa.
NOTE: The necessary investment will soon be increased from $ 500,000 to $ 800,000, and from $ 1,000,000 to $ 1,200,000 with new restrictions on indirect job creation. So the time to invest is now! Contact now for your investor visa.
The L-1 visa is exclusive for multinational companies that want or need to transfer employees from a branch abroad to a branch in the United States.
The number of L-1 visas issued every year has no limit and depends exclusively on the number of candidates who apply and have the requirements to obtain it.
The request is made before the immigration service, and it is highly advisable to consult with a lawyer before doing so to verify that you have everything you need and thus increase your chances of obtaining it.
Important information about the L-1 visa
- The duration of the L-1 visa will have a minimum of 1 year and a maximum of 3.
- A company that constantly needs to send personnel to branches in the United States can apply for an "open" number of L-1 visas to save time in the process.
- Personnel must be qualified, have a managerial position or have specific and specialized knowledge about the company.
- The person who applies for the L-1 visa must have worked for at least 1 year in that company.
- The family of the applicant for the L-1 visa may apply for a visa that will allow the spouse to work legally, and unmarried children under 21 years of age study in the United States.
The main purpose of this type of visa is business or tourism.
As for tourism, it can include different options such as visiting friends, places, attractions, shopping, recreational activities and much more.
As for business, it includes participating in congresses, fairs, and having work meetings, among other things.
With this visa, it is absolutely allowed to combine both activities on the same trip. In other words, you can travel to the United States, and on the same trip, you can have meetings and carry out any tourist activity.
Also, the B-1 / B-2 visa allows the possibility of participating in short courses to learn or improve specific knowledge, as long as this activity consumes a low amount of weekly hours, and is not the main purpose for which it was carried out trip.
The type of H1-B visa gives companies in the United States the possibility of “sponsoring” citizens from other parts of the world to work within the United States.
These applicants must have specific practical or theoretical knowledge in various areas such as computer programming, law, science, engineering, etc.
This “double intention” visa is called since it allows applying for another type of visa while remaining in the United States, if the final intention is to obtain residency and then citizenship.
It is important to note that depending on the state where you are going to reside, and the specialty to be executed, some type of validation could be requested.
Important information about the H-1B visa
- The United States government grants a maximum of 65,000 H-1B visas for each fiscal year. Making the request in an erroneous or inaccurate manner could result in the denial of your visa. It is advisable to consult with a lawyer.
- The H1-B visa is granted for 3 years, which can be extended up to 6 years, but there are exceptions that allow it to be extended further.
- In general, those who wish to apply for this type of visa are required to have demonstrable minimum knowledge of a bachelor's degree.
- It is a mandatory condition to be “sponsored” by a company that operates in the United States.
- The spouse and unmarried children of the applicant of this visa, can obtain the H-4 visa
- Whoever is the holder of an H1-B visa, has the right to request a B-1 visa for its employees, as long as they meet certain requirements.
The O-1 nonimmigrant visa is intended for all those people who live outside the United States and possess extraordinary skills in science, arts, education, business or athletics, or have proven to be the holders of a record of extraordinary achievements in the film or television industry and have national or international recognition.
Type of O-1 Visas
- O-1A: For those people who possess extraordinary abilities in the fields of science, education, business or athletics. The arts, film or television industry are not included in this type of visa.
- O-1B: People with extraordinary abilities any kind of art and film or television industry.
- O-2: This visa is intended for people who are companions of the artist or O-1 athlete to attend an event, or a specific presentation.
- O-3: Spouses or children of non-immigrants O-1 and O-2.
As defined by the Immigration and Nationality Act, the so-called Visa R is for those who seek to legally enter the United States, to work as religious temporarily.
Who are religious workers? They are people who obtained authorization by some recognized entity, to carry out religious activities and assume tasks that are normally performed by members authorized by the clergy of that religion.
Visa R Requirements
- The interested person must be a member of one of the religious congregations that are recognized in the United States as a good faith nonprofit organization
- The religious congregation that integrates and also its affiliates, must not have any type of tax debt or as an alternative, you can apply for the tax exemption.
All those people whose objective is to travel to the United States to be part of a program of visitors of Educational and / or Cultural Exchange have the obligation to follow the following steps to obtain one of the Visas created for that purpose: the J Visa and the Visa Q.
The J Visa is related to educational and cultural exchange programs sponsored by the State Department.
The Q visa is related to the International Cultural exchange programs stipulated by the Immigration and Citizenship Service.
The J and Q Visa have a duration that will depend on the program under which the applicant participates. In general, the J can last 3 years and the Q up to 15 months. If the J Visa applicant has a spouse or children under 21 years of age, they can apply for a J-2 visa, which is a companion visa, which does not allow work, but is suitable for study. On the other hand, the Q Visa does not admit accompanying persons.
Artists and athletes who need temporary residence in the United States can apply for the P Visa that will allow them to act or compete in the United States. The P Visa is a non-immigrant visa that should never be confused with the O Visa, since they are completely different.
Who can apply for the P visa?
Any artist or athlete who will act or compete individually, or also if they are part of a group or a team.
The F Visa is a nonimmigrant visa intended for people interested in studying in the United States. It is mandatory to submit an application in case you wish to enter the United States to attend an educational institution (University or college, high school, private elementary school, conservatory, language teaching, etc.)
It is important to know that an F visa is intended for full-time students, and is not designed or suitable as a work visa. Working illegally will be considered a serious violation of the regulations and could result in deportation.
The U visa was created specifically for victims of violent crimes. Also, for people who help with an investigation into criminal activity or in the prosecution of a defendant. There are even cases of immediate family members who obtain the visa immediately.
After presenting the necessary evidence and a police certificate, in case the visa is accepted, the person can then obtain their permanent residence.
Each year, the United States government grants 50,000 visas that allow full and permanent residence for people from certain countries with a low immigration rate to the United States.
This program, which becomes more popular every year, is known as the "Visa Lottery" and the following are some of its features:
- It is a request that has no cost to participate in the raffle.
- Only one application is allowed per person, per year.
- The draw is absolutely random, through a computerized lottery.
- The number of visas is distributed in the six geographical regions.
- For equitable distribution, a country will never receive more than 7 percent of available visas.
It is absolutely important that you be careful with scammers who say they promise to obtain a Visa. Therefore, the best alternative is always to hire a lawyer specialized in immigration matters licensed in the United States. In this case, the lawyer would only charge you for your services, not for participation in the lottery.