Transferee must:

1. Be employed in executive or managerial position, or have specialized knowledge.
2. Have held that position for one continuous year in the last three years.
3. Be transferring to U.S. to open new office, or fill executive specialized position in existing office.
4. Supervise subordinate managers.
5. Be a bonafide non-immigrant

Overseas Company must:

1. Be currently and continue to be engaged in regular systematic & continuous provisions of goods / services
2. Be in business for at least 12 months
3. Be employing transferee in executive / managerial position supervising subordinate managers, or be employing transferee in specialized function in that business.
4. Provide current financial statements
5. Provide evidence of recent business conducted
6. Provide evidence of staff employed, recommended at least four full-time workers.
7. Provide management & personnel structure.

U.S Corporation must:

1. Be a legal entity registered to conduct business in the U.S
2. Have identical structure, owned or controlled in the majority be foreign corporation
3. Be intending to employ U.S workers in managerial and subordinate positions
4. Be registered with Internal Revenue Services for tax purposes.
5. Have lease securing physical premises to house U.S entity.
6. Have opened U.S corporate bank account - New offices must have sufficient funds to initiate start-up.
7. Have a U.S corporation Income Tax - Applies to existing offices one year or more
8. Have financial projections for at least first year of trading - Applies to new offices

Number of Years L1A Visa Available - 7 Years Maximum. [back to top]

Foreign Individual must:

1. Be a national of a treaty country
2. Be making a substantial investment
3. Have funds personally at risk
4. Show control of funds into U.S
5. Have committed funds to the investment
6. Be investing in a real operating enterprise
7. Be coming to the U.S solely to develop and direct the investment
8. Be supervising subordinate managers
9. Be a bonafide non-immigrant

United States Corporation must:

1. Be a legal entity registered to conduct business in the U.S
2. Be owned y foreign individual from treaty visa country
3. Be a business enterprise requiring U.S workers in addition to the investor to operate
4. Have a capacity to generate significantly more income than just providing a living for the investor
5. Have lease or deed securing physical premises to house U.S entity - Private residence cannot be used as business location
6. Can be an existing or new start up business - Must have sufficient funds to initiate start-up
7. Have a business plan and financial projections
8. Provide management and personnel structure
9. Investment funds must be available in advance and must be secured in an escrow account

Normally Visas will initially be issued for 2 or 5 years depending on the size and type of business.[back to top]

1. Alien is entering the United States for an indefinite time, based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between the United States and country of which the alien is a national
2. The person is entering solely to carry on substantial trade which is international in scope principally between the United States and the foreign country of which the alien is a national.
3. Principal employer and key employee are nationals of treaty country and enterprise or organization is 50% or more owned by treaty national.

Substantial Trade:

1. Trade is a defined as the international exchange of items of trade for consideration between the United States and the treaty country. Domestic trade is not counted in determining trade.
2. Trade must be principally with treaty country.
3. More than 50% of total volume of international trade must be between United States and treaty country
4. The amount of trade cannot be based on a single transaction, regardless of how protracted or monetarily valuable
5. Volume of exchanges is given more weight than the value of the exchanges
6. For smaller businesses, income derived from the value of numerous transactions which is sufficient to support trader and their family constitutes a favorable factor in assessing existence of substantial trade.

Nationally of Corporation:

1. At least 50% of stock owned by national of treaty country permits joint venture
2. Nationals owning stock who are not resident abroad must also be "E" status.
3. If employer is not a corporation, but an individual, must maintain "E" status.

Employees:

1. Employee can be a new hire and need not have worked for the company previously.[back to top]

Employer
The following criteria are required:

1. The employer seeking the services of H-1B employee must be a U.S employer. A U.S employer is a person, firm, or corporation in the United States with an Internal Revenue Service tax identification number.
2. The employer must have documentation that the job to be filled by the H-1B employee involves a specialty occupation, requiring a bachelors of higher degree to enter the field.
3. As a prerequisite to obtaining the services of an H-1B employee, the U.S employer must file a Labor Condition Application (LCA) with the Department of Labor.
4. The employer must maintain a Public Inspection File.
5. The employer must attest that it will pay its H-1B employees within 95% of the prevailing wage rate and will offer prevailing working conditions to these employees.
6. Prior to the H-1B employee commencing employment, the employer must obtain approval of a non-immigrant work petition from the INS.

H-1B Employee
The following criteria are required:

1. The employee must have a job offer from a U.S employer. A U.S employer is a person, firm, or corporation in the United States with an Internal Revenue Service tax identification number.
2. The employee must have a U.S Bachelor or higher degree. If the worker has a foreign degree, that degree must be evaluated by a recognized degree evaluation service.
3. The employee lacking a U.S degree or equivalent must have 3 years of specialized training or work experience for each year of college-level education that they lack towards that degree required for that field.
4. The employee must intend to remain in the U.S temporarily, for no longer that the term of the visa. H-1B visas are issued in 3 year increments up to a maximum of 6 years.
5. The employee must reside abroad for 1 year after expiration of his/her visa, before applying for another H-1B visa.

Visa issued for three years, limited to a total of six years.[back to top]

The "O" category is set-aside for aliens of extraordinary ability in the sciences, arts, education, business, or athletics, certain aliens accompanying or assisting those aliens, and their family members.

"O" Visa Criteria:

1. It is for an alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated be sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability.
Or

2. Seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under the above for a specific event or events. Must be an integral part of such actual performance and have critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals.

Or

3. In the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing long-standing working relationship or, with respect to the specific production, because significant production (including pre and post production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.

And

4. Has a foreign residence which the alien has no intention of abandoning

Or

5. Is the alien spouse or child from and alien described above and is accompanying, or following to join, the alien.[back to top]

The Investor must:

1. Show control and have paperwork relating to movement of funds into the U.S
2. Have a U.S corporation legally registered to conduct business in the U.S
3. Have committed funds to the investment
4. Be employing or proposing to employ at least 10+ U.S workers
5. Be investing in an operating enterprise or setting up new business
6. Be registered with Internal Revenue Service for tax purposes
7. Have receipts for all capital expenses
8. Have deed securing physical premises to house U.S entity
9. Produce a business plan
10. Have opened a U.S corporate bank account
11. Produce a personal assets statement
12. Have Financial Projections for first year of trading
13. Provide management and personnel structure
14. Be a bonafide non-immigrant[back to top]