Doing Business in the United States

Presented by The Law Office of Kathryn N. Karam P.C.

Introduction

to U.S. Immigration

System

If we think of people in the U.S. as falling into one of these categories:

1. United States Citizens2. Permanent Residents – people with

Green Cards 3. Nonimmigrants – people with visas to

the US 4. Undocumented people in the US

People seeking to do business in the U.S. will probably be starting in Group #3

If the ultimate goal is to remain in the U.S. long term, a person may start in Group #3 and try to transition Group #2 (and then eventually to #1 if desired).

Visas

The U.S. Immigration System has several visa types.Each has a set of rules (“dos” and “don’ts”) for people using them.

Example: work visas may only permit you to work for one particular employer

Sample Visa Stamp

Types of Work Visas

B-1 - Business VisitorE-1 and E-2 - Treaty Trader / Treaty InvestorF-1 – Student Visa - Not a business visa per se H-1B- Professional WorkersH-2A - Temporary Agricultural Workers H-2B - Seasonal Workers H-3s - TraineesJ – Interns, TraineesL – Intracompany TransfereesO – Extraordinary Ability workersP – Artists, Athletes, Entertainers, Culturally Unique Performers R - Religious WorkersTN – Treaty NAFTA (Nationals of Canada and Mexico)

Visas for people seeking to start or manage their own business the United States

There are a few options for people seeking to do business in the United States:

B-1: Business VisitorE-1/E-2 Visas: Treaty Traders/Treaty Investors

L-1 Visas: Multinational ManagerO-1 Visas: Extraordinary Ability

Visitor for Business

B-1 – Business visitor orB-1/B-2 (visitor for business or pleasure)

Permissible Activities: attending meetings, signing contracts or leases,

E-1 Treaty Trader

E-2 Treaty Investor

E-1 (Treaty Trader): For individuals coming to conduct substantial trade between the U.S. and a treaty country.

E-2 (Treaty Investor): For individuals investing in a company in the U.S. and seeking to enter the U.S. to develop and direct that company, or employees of the company who will serve as managers or essential employees

Company must be majority owned by national of E-2 country

If investor, show substantial investment

Enterprise must be projected make a profit and not just enough to pay investor’s salary

Any E-2 visa applicant has to have the same nationality as the company

Spouse of E-2 can apply for a work permit

L-1 Intracompany Transferee

Allows certain employees of an overseas branch/affiliate/subsidiary of a US company to transfer to the US branch/affiliate/subsidiary.

• L-1A: Manager/Executive• Supervising people with degree or people who hold

a managerial position• Managing a function or department within a

company • L-1B: Specialized Knowledge Employee

O-1 Extraordinary Ability

A person of extraordinary ability in their field of endeavor coming to work in that field.

General Documents Needed for Immigration Petitions/Visa Applications

• Detailed business plan – seek help from a good Business Plan Writer/CFP

• Company formation documents • Passport valid for at least six months

beyond the end of your requested stay in the U.S.

• Degrees, certificates, and any other education documents

• Detailed C.V. or Resume• Letters confirming prior work experience• Proof of investment of any funds

transferred to U.S.• Marriage certificate if you are married• Spouse and children’s birth certificates

Sample I-94

Check Your I-94!

• Anyone know what an I-94 is?

• Go to : www.cbp.gov/i-94 –check the date of expiration of your status here.

• This is what controls how long you can remain in the US – NOT your visa.

The authorization does not guarantee that they will be allowed in!

Potential Issues

Intent requirement/denial of Visa due to 214(b)

For people outside the field of immigration, it’s a little known fact:

People who are outside the US applying for visitor visas, student visas are presumed to want to immigrate (long-term) to the US. But in order to get a visitor visa, a person is required to show that they will only be coming for a temporary period and will be returning to a residence abroad.

So in other words, when people are outside the US trying to come in, the deck is stacked against them and they have to “un-stack” it by proving otherwise. This is one of the reasons some people don’t bother to come legally – they know they’ll never get a visa because they can’t show a reason to return to their home country.

Authorization to Get to a Port of Entry vs. Being Allowed In

• US Customs and Border Protection (CBP) can deny admission to anyone. A person has NO RIGHT to an attorney when applying for admission to the United States.

• They can check phones, tablets and laptop computers for evidence that you’re doing something you’re not supposed to do!

• CBP can enter an administrative deportation order (called an Expedited Removal Order) against a person before sending them back – no hearing, no right to attorney, no judge. This bars a person from returning for 5 years unless special permission to return before then is granted by U.S. Citizenship and Immigration Services.

• They can also simply refuse entry to a person and force them to go get a new visa or other documentation before coming back.

• Even a permanent resident can lose residence if there is an issue with their situation

 

Applying for Permanent Residence (“Green card”):Options for Entrepreneurs

• EB-11/EB-1A (Extraordinary Ability) • Can self-petition• Business owner with an exemplary record or

major awards or contributions to his field may qualify

• EB-13/Eb-1C (Multinational Manager) • Similar requirements to L-1 visa

• EB-5 (Immigrant Investor Program)• Congress is in the process of reevaluating

the investment requirement. Currently USD $500,000 - $1million

• Investment must create at least 10 full-time jobs for US workers

Applying for Permanent Residence (“Green card”): Caveats

Applying for residence based on employment requires maintenance of status with limited exceptions

A company owner may not be able to “self-sponsor.” Watch for this issue. Children are defined as under 21 years of age. If you have children under 21 when you begin your process, be sure to take steps to preserve their status as your dependent!

 

Greencard vs. Citizenship

Bottom Line: Permanent Residence isn’t permanent! You can lose it if you are absent from the U.S. for several continuous months, if you commit even minor crimes, or for other reasons. Determine if you qualify for Citizenship and consider applying!