Temporary investment and employment visas in the United States
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Apply for your temporary investment or employment visa in the United States
These types of visas do not grant a path to permanent residence in the United States, they only provide the right to live temporarily in the country developing the activities of each category.
Advantages
1. The temporary investment or employment visa allows the spouse and children under 21 years of age to live legally in the USA. The spouse is entitled to a work permit.
2. Temporary investment or employment visas are valid for a period of 2 to 5 years. During this time, you will be able to leave and enter the United States without limits.
3. You can invest in an existing or new business.
What types of temporary investment and employment visas are there?
Click on the type of investment or employment visa you are interested in processing:
This type of non-immigrant visa allows a national of a country with which the United States has a treaty of commerce and navigation or maintains a qualified international agreement, to be admitted to the United States with the only purpose to participate in international trade business in a substantial way on their own behalf. Business transactions must be primarily between the United States and the country of citizenship of the E-1 visa applicant. Certain essential employees of such a person or a qualifying organization may also be eligible for this visa.
Qualified merchants and employees will have a maximum initial stay of two years and requests for extension of stay or change of status to E-1 classification may be granted in increments of up to two years each. There is no limit to the number of extensions that can be granted to an E-1 nonimmigrant. However, all E-1 nonimmigrants must maintain the intention to leave the United States when their status expires or ends. Likewise, spouses and children under the age of 21 of E-1 visa holders can accompany the treaty merchant and are eligible to apply for and receive employment authorization.
The E-2 Visa allows a national of a country with which the United States has a treaty of commerce and navigation or maintains a qualified international agreement, to be admitted to the United States when investing a substantial amount of capital in a United States company. To qualify for this visa, the investor must be a citizen of a country with which the United States maintains a treaty of commerce and navigation, must have invested, or be actively in the process of investing a substantial amount of capital in a company in the United States.
The investor who obtains an E-2 visa must come to the United States solely to develop and run the investment company and must demonstrate ownership of at least 50% of the company or possession of operational control through a managerial position or another corporate device. This visa does not require a specific amount of money, but requires that the investment be substantial according to the nature of the business in which it is invested. Certain employees of such a person or a qualified organization may also be eligible for this classification.
Investors and employees who obtain the E-2 visa will have a maximum initial stay of two years. Requests for extension of stay or change of status to E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions that can be granted to an E-2 nonimmigrant. However, all E-2 nonimmigrants must maintain the intention to depart the United States when their status expires or ends. Likewise, spouses and minor children of E-2 visa holders can accompany the treaty merchant and are eligible to apply for and receive employment authorization.
The O-1 nonimmigrant visa is for individuals who possess extraordinary abilities in the area of science, arts, education, business or athletics and have been recognized nationally and internationally for those achievements. The O-1 visa must be applied for by a United States employer, an agency in the United States, or a foreign employer through an agent in the United States.
To qualify for an O-1 visa, the applicant must demonstrate extraordinary abilities that have received sustained national and international recognition or acclaim, and must temporarily come to the United States to continue working in the area of their extraordinary ability.
Extraordinary ability in science, education, business, or athletics means having achieved a specialty level and therefore being considered part of the select percentage of people who are in the highest sphere in their specialty field. To apply for this visa, you must prove your ability by receipt of an internationally recognized award, such as the Nobel Prize, or documentation of at least three of the following:
- Have received nationally or internationally recognized awards
- Belong to an organization whose membership requires exceptional achievement
- Be a judge of the work of others
- Articles about the applicant in reputable or professional trade publications
- Authorship of original scientific or academic papers of great importance in your field
- History of employment in a key or essential capacity with an organization of distinguished reputation.
Individuals with extraordinary ability in the arts or extraordinary achievement in the film industry or television industry may qualify for an O-1B visa.
Spouses and unmarried children under the age of 21 of the holder of an O-1 visa can apply for the O-3 visa, but this visa does not authorize them to work unless they independently qualify and receive a work visa.
Support staff of O-1 visa holders in athletics, entertainment or film and TV production may qualify for an O-2 visa. The O-2 visa petition must be filed in conjunction with the O-1 alien artist or athlete request for services by a U.S. employer or agency or a foreign employer through a U.S. agent.
Spouses and unmarried children under the age of 21 of the holder of an O-1 visa can apply for the O-3 visa, but this visa does not authorize them to work unless they independently qualify and receive a work visa.
The maximum period of stay authorized for O visa holders is three years.
The R-1 visa allows religious workers to temporarily enter the United States to be employed as ministers or in another religious vocation or occupation for at least 20 hours per week (part time). Nuns, monks, teachers and ministers affiliated with a particular religion, liturgical workers, religious instructors and choir directors, catechists, religious hospital workers, missionaries, religious translators, and religious broadcasters are eligible for an R-1 visa.
Religious workers may be employed by a nonprofit religious organization in the United States and must have been members of a religious denomination that has a bona-fide nonprofit religious organization in the United States for at least two years immediately preceding the presentation of the petition.
The requesting organization must be a non-profit, tax-exempt religious organization in the United States with the financial ability to pay the religious worker’s salary, and in some cases, may provide room and board. The visa application can be made at the US embassy or consulate in your country or if the worker is in the United States with legal status, a change of status can be requested from the Immigration Department (USCIS).
The R-1 visa can be initially granted for an initial period of admission of up to 30 months and subsequent extensions can be requested up to a maximum of 30 months. The total period of stay in the United States in an R-1 classification may not exceed 5 years (60 months). Spouses and unmarried children under 21 years of age can accompany the religious worker to the United States under the R-2 visa but are not authorized to work in the United States (although they can attend school).
The North American Free Trade Agreement (NAFTA) allows qualified Canadian and Mexican citizens to apply for temporary entry into the United States to engage in professional-level business activities.
Among the professionals who are eligible for admission under the TN visa are accountants, engineers, lawyers, pharmacists, scientists and teachers, among others. The requirements to obtain a TN visa are:
- Be a citizen of Canada or Mexico
- Have a professional degree in a profession covered by NAFTA
- Have the qualifications to practice the covered profession.
- That the job in the United States require a NAFTA professional
- A preliminary agreement with a U.S. employer for a full-time or part-time job (self-employment is not allowed)
The initial period of stay is up to 3 years that can be extended. Spouses and unmarried children under the age of 21 of the holder of a TN visa are eligible to enter the United States under the TD-1 and TD-2 visas. TN dependents have the opportunity to study in the United States but do not have a work permit.
Canadian citizens do not have to apply for a TN visa at a US consulate. The applicant can establish eligibility for TN classification when seeking admission to the United States by presenting the required documentation to a Customs and Border Protection (CBP) Officer at one of the US ports of entry or at a designated customs pre-registration / preflight station. The documentation that must be presented to the CBP officer is as follows:
- Evidence of Canadian citizenship;
- Letter from employer detailing the professional capacity in which the applicant will work in the United States, the purpose of the employment, job responsibilities, length of assignment, and salary;
- Evidence that the employee has completed the education or training necessary for the position;
- Proof that the employee has all the necessary licenses for the position.
Another alternative is for the employer to file the application on behalf of the Canadian citizen outside the United States by filing Form I-129, Petition for a Nonimmigrant Worker with USCIS.
Unlike Canadian citizens, Mexican citizens must apply for a TN visa at a US consulate or embassy in Mexico and must provide the following documentation:
- Evidence of Mexican citizenship;
- Letter from employer with details such as the professional capacity in which the applicant will work in the United States, the purpose of the employment, job responsibilities, length of assignment, and salary;
- Evidence that the employee has completed the education or training necessary for the position;
- Proof that the employee has all the necessary licenses for the position.
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