Frequently Asked Questions

Some common business visas include the following:

• B1(business visitor): For temporary business visitors, such as attending business meetings or conferences. It doesn't allow employment in the U.S.
• H-1B (specialty occupations): For occupations that require specialized knowledge, typically requiring at least a bachelor's degree. The U.S. employer must sponsor the applicant and obtain a Labor Condition Application.
• ‍L-1 (intra-company transferees): For intra-company transfers. The L-1A is for managers or executives, and the L-1B is for employees with specialized knowledge.
• ‍O-1 (persons with extraordinary ability): For individuals with extraordinary ability in their field. This could be arts, science, education, business, or athletics.
• ‍E-2 (treaty investors): For investors from treaty countries who make a significant investment in a U.S. enterprise.

In some cases, it's possible to change your status from a tourist visa (such as B2) to a business visa, but this is dependent on the specific circumstances. It's important to ensure that you didn't misrepresent your intentions during their initial entry. Changing status can be complicated, requiring proof that the change was unforeseen, and it's advisable to consult with our firm for your specific situation.

The duration of stay varies depending on the visa type. For example, the initial H-1B allows up to three years, extendable to six. B1 visas might be for a few months. L-1 visas are typically granted for three years, with extensions possible.

The H-1B visa is for specialty occupations, typically requiring a bachelor's degree or higher. An employer must sponsor the applicant and demonstrate that they will pay a prevailing wage for the position. Additionally, the employer must ensure no American workers are displaced by hiring from abroad. There's also an annual cap on H-1B visas, making the application process competitive.

One common way is through the E-2 treaty investor visa, which allows nationals of certain treaty countries to invest a substantial amount of capital in a U.S. business. While there's no minimum, the investment should be significant relative to the business. The enterprise should also be bona fide, meaning it's a real, active commercial undertaking. Requirements and definitions of "substantial" can vary, so consulting with an attorney is key.

L-1A is for managers or executives transferring within multinational companies, while L-1B is for employees with specialized knowledge. L-1A allows a stay of up to seven years in total, while L-1B allows up to five years. Both require the applicant to have been employed by the sponsoring company abroad for at least one year in the last three.

Yes, the EB-5 program allows foreign investors to obtain a green card (and eventually citizenship, if desired) by making a certain investment in a new commercial enterprise that creates jobs in the U.S. There is a Required investment of $1 million in a new enterprise (or $500,000 in targeted employment areas). The business must also create or preserve ten full-time jobs for U.S. workers within two years.

While immigration is primarily a federal matter, some states may have programs or incentives to attract businesses. It's a good idea to check with Arizona's economic development department or consult an attorney familiar with local opportunities.

Overstaying can lead to deportation, bans on re-entry, and difficulties obtaining visas in the future. There's a grace period for certain visas, but it's essential to be proactive. It's crucial to either leave before the visa expiration, obtain an extension, or adjust your status if eligible.

Most business visas have corresponding visas for immediate family members. For example, the H-4 visa is for dependents of H-1B visa holders. While they can stay and study, employment might be restricted.