Бізнес імміграція
Стратегічні бізнес-імміграційні рішення для глобального успіху
У Birg Law ми розуміємо, що бізнес-імміграція стимулює корпоративне зростання та інновації. Протягом трьох десятиліть наші юристи з бізнес-імміграції надавали компаніям зі списку Fortune 500, підприємствам, що розвиваються, і міжнародним організаціям стратегічні імміграційні рішення. Від стартапів до транснаціональних корпорацій ми пропонуємо складні імміграційні стратегії, які відповідають вашим бізнес-цілям.
E-1 VISA
The E-1 visa is a non-immigrant visa category that allows individuals from certain treaty countries to enter the United States for the purpose of engaging in international trade. To be eligible for the E-1 visa, the applicant must be a national of a treaty country and be coming to the United States to engage in substantial trade between the United States and his or her home country. The trade must be principally between the United States and the treaty country.
To qualify for the E-1 visa, the applicant must demonstrate that he or she has made a substantial investment in the trade, and that he or she is seeking entry into the United States solely to engage in this trade. The trade must be ongoing and must constitute a significant proportion of the applicant’s business.
The E-1 visa is only available to nationals of certain treaty countries. To find out if your country is a treaty country, you can check the list of treaty countries provided below:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, China (Only Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia
E-2 VISA
The E-2 Investor Visa is a type of visa that allows citizens of 79 countries to invest in and manage a business in the United States. The investment required is approximately $90,000, and any business qualifies.
Requirements for the E-2 Investor Visa
To qualify for the E-2 Investor Visa, the applicant must be a citizen of one of the eligible countries and must own at least 50% of the business. The applicant can use their own funds or borrow from others, but loan documentation and collateral must be provided. The visa does not lead to a Green Card but can be renewed every 2 years as long as the applicant continues to conduct business.
How to apply for the E-2 Investor Visa
To start the E-2 process, a business plan and an escrow account showing commitment of approximately $90,000 to the business are often sufficient. If needed, the Birg Law can provide business acquisition and management solutions for a newly started business or assist in finding and analyzing a business to be purchased. However, a legal consultation is necessary before any action is taken. The E-2 Visa can be obtained in about 2-3 months and allows the applicant’s spouse and children to live, work, and attend school in the U.S.
Citizens of the following countries are eligible to apply:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bosnia-Herzegovina, Bulgaria, Cameroon, Canada, Chile, Columbia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and UK.
H-1B Visa
For Professional Workers
The H-1B visa is a nonimmigrant visa category that allows individuals to work temporarily in the United States. It is specifically designed for professional workers employed in specialty occupations. This visa is recognized as “dual intent,” meaning that it allows for the intention to immigrate at some point in the future while maintaining nonimmigrant status. The visa authorization is limited to the employment position described in the H-1B petition and the petitioning employer.
Requirements
To qualify for an H-1B visa, the individual must possess at least a bachelor’s degree or its equivalent in a specialty occupation. The occupation should require theoretical and practical application of highly specialized knowledge in a particular field, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, law, accounting, business specialties, theology, and the arts. In addition, the foreign national worker must hold a state licensure if required in the occupation.
How to Apply
Employers in the United States may sponsor foreign nationals for H-1B visas. The process involves filing a petition with the United States Citizenship and Immigration Services (USCIS) on behalf of the employee. The petition must include all necessary documents and fees. The USCIS will then review the petition and approve or deny the visa request. Spouses and unmarried minor children of H-1B visa holders may also apply for H-4 visas to reside and study in the United States but are not permitted to work. It is essential to note that the process of obtaining permanent residence (green card) can take many years, and renewing H-1B visas may be necessary while waiting for permanent residency.
The L1A visa is designed for professionals with specialized knowledge who can demonstrate a unique understanding of their company’s service, research, products, techniques, management, equipment, or interests and how these apply in international markets. Alternatively, they may have an advanced level of knowledge or expertise in the organization’s procedures and processes.
This type of visa is granted for a duration of one year for new companies and three years for existing companies. L1B visa holders are eligible to apply for extensions in two-year increments for a maximum of up to five years.
L-1A VISA
*for foreign nationals who have worked aboard at a foreign affiliate of the sponsoring U.S. entity in an executive or managerial capacity.
The L-1A visa is intended for non-U.S. citizens who have previously worked in an executive or managerial capacity at a foreign affiliate of the sponsoring U.S. entity. An individual with executive capacity is able to make major decisions with minimal oversight, while an individual with managerial capacity can supervise and direct the work of other employees and manage an organization, department, subdivision, function, or other component of the organization.
The Difference Between
L-1A And L-1B Visa
Requirements
To qualify for the L-1A visa, applicants must have worked for a related entity abroad for at least 12 continuous months out of the last three years at the time of application, and the work must have been in an executive, managerial, or specialized knowledge capacity for a parent company, branch, subsidiary, or affiliate of the same employer. There must also be a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate.
If the purpose of the executive or manager’s travel is to open a new office in the U.S., additional conditions must be met, including the securing of a physical office location by the employer, the individual having executive, managerial, or specialized knowledge capacity, and the individual having been employed in that position for one continuous year in the three years preceding the filing of the petition. The intended U.S. office must also support an executive or managerial position within one year of the approved petition.
How to Apply
The L-1A visa application process requires the participation of both the employer and the foreign national, and typically involves the following steps:
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The employer files Form I-129, which includes a detailed description of the manager or executive role, along with the appropriate fees.
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The employer receives a receipt number upon approval of Form I-129.
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The foreign national completes Form DS-160 online.
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The foreign national schedules a visa interview appointment.
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The foreign national attends the visa interview, bringing all necessary L-1 visa documents.
L-1B VISA
L-1B visa is a non-immigrant visa that allows a foreign company’s employee to transfer to a related company in the United States in order to work in a specialized knowledge capacity. The employee must have worked for the foreign company for at least one continuous year in the three years preceding the visa application and must be employed in a role that requires specialized knowledge of the company’s products, services, techniques, equipment, management, or interests. The L-1B visa is typically granted for a period of three years, with the possibility of extensions for up to five years.
Requirements
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The foreign worker must have worked for the related foreign company for at least one continuous year within the past three years.
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The employee must have unique knowledge of the company’s products, services, techniques, equipment, management, or interests and must possess expertise that is not readily available in the U.S.
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The U.S. company and the foreign company must have a qualifying relationship, such as being a parent company, subsidiary, branch, or affiliate.
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The U.S. company must have the financial ability to pay the foreign worker’s salary.
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The foreign worker must not be a majority owner of either the U.S. or foreign company.
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The foreign worker must have the necessary education, training, and experience to perform the specialized knowledge job in the United States.
How to Apply
Your U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. This petition should include information about the job offer and your qualifications for the specialized knowledge job.
Include all necessary supporting documents, such as educational credentials, and proof of employment with the foreign company. Pay the filing fee and any other applicable fees.
Once USCIS approves the Form I-129 petition, you can apply for a change of status or extension of stay, depending on your current immigration status.
If you are approved for a change of status or extension of stay, you can continue working for your U.S. employer in a specialized knowledge capacity.
It is important to note that the L-1B visa application process can be complex, and it is recommended that you seek the assistance of an experienced immigration attorney to help guide you through the process.
O-1 VISA
The O-1 visa is a nonimmigrant visa available to foreign nationals with extraordinary abilities in the sciences, arts, education, business, athletics, or the television or motion picture industry. This visa allows individuals to come temporarily to the United States to continue work in their area of extraordinary ability.
Requirements
To qualify for an O-1 visa, the applicant must demonstrate sustained national or international acclaim in their field of expertise. The applicant must provide evidence of their extraordinary ability, such as awards, publications, membership in associations, and other recognition. In addition, the O-2 visa is available for essential support personnel who assist O-1 visa holders in specific athletic or artistic events or in the motion picture or television industry. The O-2 applicant must be experienced in critical skills and services that cannot be performed by others and have a long-standing working relationship with the O-1 alien.
Процесс подачи
How to Apply
The process of applying for an O-1 or O-2 visa involves filing a petition with the United States Citizenship and Immigration Services (USCIS). The petition must include all necessary documents and fees and demonstrate the applicant’s eligibility for the visa. Spouses and dependent children of the O-1 or O-2 visa holder may apply for an O-3 visa but are not eligible to work in this classification. They may engage in full-time or part-time study.
Процесс подачи
EB-1A VISA | GREEN CARD
EB-1 Visa
Immigrants of “Extraordinary Ability” in the sciences, arts, education, business, or sport may obtain an EB-1A Visa and a Green Card without any requirements of having an employer, a job offer, or any other business interests in the U.S or abroad, as long as they intend to continue their professional activity in the U.S. and qualify based on meeting at least three out of ten qualifications.
Need to meet 3 out of 10 criteria below
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You received nationally or internationally recognized prizes or awards for excellence in your field or profession.
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You have a membership in an association (in the field) that demands the outstanding achievement of members.
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Articles or other materials about you have been published in major media or professional publications.
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You have been asked to judge the work of others, either individually or on a panel of judges.
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You have made original contributions in your field – science, art, sport, or business.
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You have been the author of scholarly articles in professional publications or major media.
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Your work has been displayed at artistic exhibitions or showcases.
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You have performed a leading or critical role in distinguished organizations.
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You have a high salary or other high compensation compared to others in the field.
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You had commercial successes in performing arts.
EB-2 VISA
National Interest Waiver (NIW)
You can get a Green Card through your own business or project, and without
employment-based sponsorship if you and your attorneys can demonstrate that:
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Your endeavor is of high worthiness, high standard, high quality,y or high importance.
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Your endeavor will substantially benefit the US economy, culture, educational interests, or other US interests.
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You are sufficiently able and qualified to advance your endeavor.
Requirements
How to Apply
There are two categories under which you may apply:
1) “Advanced Degree”, which is any degree higher than a bachelor's degree.
OR
2) “Exceptional Ability”, which means that you must qualify under at least 3 out of 7 criteria stated below:
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Education in the field of expertise (such as a bachelor's degree)
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10 years of work experience
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License or certification
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Membership in qualification-based professional associations
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Recognition of achievements by peers, professionals, or business organizations in the profession, including publications, abstracts, publication citations, invitations to conferences, and similar materials
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High salary or other exceptional compensation, such as an award of a grant or monetary prize
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Or similar criteria, such as a high business income, ability to hire US employees, having a profession or business activity included in the Critical and Emerging Technologies List by the White House, (link), or other value recognized by the US Government, academia, or other institutions
EB-3 VISA
The EB-3 Visa is a preference class visa that is designed for professionals, skilled workers, and “other workers.” This visa is issued to individuals who wish to enter the United States to work in a skilled position that requires a minimum of two years of training or experience. It is important to note that this visa category separates professionals and skilled workers from unskilled workers for the allotment of available visa numbers.
Requirements
National Interest Waiver requests are determined based on evidence that approval of the waiver has been requested by an interested US government agency and the waiver will:
Improve the U.S. economy;
Improve wages and working conditions of U.S. workers;
Improve education and training programs for U.S. children and under-qualified workers;
Improve health care;
Provide more affordable housing for young and/or older, poorer U.S. residents;
Improve the environment of the United States and make more productive use of natural resources.
It is important to note that meeting these requirements does not guarantee that an applicant will receive an EB-2 visa with a National Interest Waiver. Each case is considered on its own merit, and the USCIS will evaluate the evidence presented by the applicant to determine whether they have met the requirements.
EB-4 VISA
EB-4 Special Immigrants is a visa preference class that encompasses three categories of people: religious workers, certain long-time employees of the U.S. government, and citizens of Iraq or Afghanistan who have worked for the U.S. Armed Forces as a translator for at least one year.
Requirements
For religious workers, the permanent residence process involves two phases: the Special Immigrant Visa Petition and the Permanent Residence Application. To apply, the petitioner must be a religious organization or affiliate that has received or would receive recognition from the Internal Revenue Service as a bona fide non-profit religious organization. Additionally, the employer must demonstrate the present financial capacity to support the beneficiary and have a genuine need for the R-1 worker’s services. The job offered must be a full-time position in a religious occupation, and the beneficiary must be qualified to work in a religious occupation.
How to Apply
To apply for the visa, the petitioner must file a Special Immigrant Petition (Form I-360), which, once approved, allows for the permanent residence application to be filed. Eligible family members of the employee can also apply for permanent residence at this time.
EB-5 VISA
The EB-5 immigrant investor visa program was established to attract foreign capital to the United States and create jobs. It allows eligible foreign investors to obtain permanent residence in the United States. To qualify, the investor must invest at least $1 million in a commercial enterprise that will create full-time employment for at least ten workers. Alternatively, if the investment is made in a high unemployment or rural area, the minimum investment required is $500,000.
Requirements
The investment funds may be held in escrow until the investor’s permanent residency is approved. To meet the program’s requirements, the investor can establish a new business, purchase the assets of an existing business and make substantial changes to the organization, or expand an existing business and make significant changes to its net worth or employee count. Passive real estate investments or stock ownership do not qualify. The investor must actively participate in a qualifying company’s board of directors to meet the program’s requirements.
Permanent residence is conditional for the first two years under the fifth preference immigrant category. The investor must document that the investment was properly capitalized, the business remains viable, and it continues to meet all other requirements before the end of the second year to receive unconditional permanent residency.
How to Apply
Investors can choose to invest in a pre-approved “Regional Center,” which is any entity, public or private, involved in promoting economic growth, regional productivity, job creation, and domestic capital investment. USCIS designates Regional Centers as eligible to receive immigrant investor capital. To apply for the EB-5 visa program, investors must file a petition with USCIS and provide evidence of their investment, its source, and its potential for creating jobs.
EB-2 and EB-3
PERM | Labor Certification
The Labor Certification / PERM process allows foreign workers to obtain an employment visa and Green Card in the United States. This process is an essential step for getting a Green Card based on a job offer. The employer can apply for a Green Card for their employee once they receive the labor certification. The family of the employee also receives the same Green Card. The key to the labor certification process is proving that the employer cannot find a suitable US employee for the open position.
Requirements
To apply for the Labor Certification / PERM process, the employer needs to draft a job description and file an application. The Department of Labor establishes the prevailing wage based on the job description and experience. The employer must establish that there are no qualified US workers available for the position by advertising the position and following the recruitment process. If there are no qualified US applicants, the employer may file a Labor Certification petition. The employer must demonstrate their ability to pay the employee, and the job must be full-time.
How to Apply
The employer can apply for the Labor Certification / PERM process by drafting a job description and filing an application. The Department of Labor establishes the prevailing wage, and the employer must follow the advertising requirements and recruitment process. If there are no qualified US applicants, the employer may file a Labor Certification petition. If approved, the employer can file an Immigrant Petition for the immigrant worker to receive their Green Card. The alien employee does not have to be in the US at the time of filing, and the family of the Green Card recipient may also receive Green Cards.
P-1 VISA
The P-1 visa is a temporary work visa that allows athletes, entertainers, and other performers who are internationally recognized as outstanding in their field to come to the United States to participate in a specific event or performance. The visa is designed to allow these individuals or groups to showcase their talents and skills in the United States and to compete or perform at a high level.
P-1 visa holders can participate in various types of events, such as sporting events, music concerts, theatrical performances, or dance competitions. The P-1 visa is granted for the duration of the event or performance, and the visa holder is allowed to stay in the United States only for the time necessary to complete the event or performance.
Requirements
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Eligibility: To be eligible for a P-1 visa, you must be an individual or group that is internationally recognized as outstanding in a specific field. This could include athletes, entertainers, and artists.
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Sponsorship: You must have a U.S. employer or agent to act as your sponsor. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).
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Contract: You must have a written contract with the sponsor outlining the terms and conditions of your performance or event.
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Performance: You must be coming to the United States to perform in a specific event or performance. The event must be internationally recognized.
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Duration: The P-1 visa is temporary and is granted for the duration of the event or performance.
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Supporting Documents: You must provide supporting documents, such as proof of international recognition, a detailed itinerary of the event or performance, and evidence of your qualifications and experience in the field.
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No Dual Intent: You must not have the intention to immigrate permanently to the United States.
How to Apply
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Find a U.S. sponsor: You must have a U.S. employer or agent to act as your sponsor. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).
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Gather supporting documents: You must provide supporting documents, such as proof of international recognition, a detailed itinerary of the event or performance, and evidence of your qualifications and experience in the field.
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File the petition: Your sponsor must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. The petition should include all supporting documents and the filing fee.
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Attend a visa interview if you are in your home country: After the petition is approved by USCIS, you must schedule a visa interview at a U.S. embassy or consulate in your home country. You will need to provide additional documents and undergo a biometric screening.
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Wait for visa approval: If your visa application is approved, you will receive your P-1 visa, which will allow you to enter the United States and participate in the event or performance.
P-3 VISA
A P-3 visa is a type of non-immigrant visa issued by the United States for artists or entertainers who are coming to the U.S. to perform, teach, or coach in a culturally unique program.
The P-3 visa is specifically designed for individuals or groups that are culturally unique and part of a program that is traditionally recognized as unique or indigenous to a particular country, such as folk music, dance, theater, or crafts. The program must be established, meaning that it must have a history of performances, publications, or exhibitions, and the artists or entertainers must be recognized as being skilled in the cultural tradition.
Requirements
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Participation in a cultural event that showcases your unique art form and furthers its understanding.
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Being part of a commercial or non-commercial program.
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Intending to depart the US after the visa expires.
If you are an essential support personnel, such as a coach or trainer, you may also be eligible for the P-3 Visa. You must demonstrate that your assistance is crucial to the success of the performance and that it cannot be provided by a US worker.
How to Apply
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Describe your experience and skills.
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Provide evidence that confirms your exceptional abilities in your field.
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Submit documentation that confirms the existence of the culturally unique program.
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Demonstrate that all performances will be culturally unique.
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Outline the terms and conditions of your performance, including the dates and your compensation.
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Include an advisory opinion from a labor organization or appropriate consulting group.
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Submit a copy of your written contract or a description of your oral agreement.
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Explain the details and itinerary of the cultural event.
TN VISA
The TN Visa is a temporary work visa available for Canadian citizens who are looking to work in the United States in certain professions. The visa is valid for up to three years and is granted to individuals who are employed by American companies in around 60 eligible professions.
Requirements
In order to be eligible for the TN Visa, Canadian citizens must hold a degree in the same field as the profession they are applying for, with the exception of Management Consultants who can qualify with five years of experience in the consulting field. It is important to note that not having a degree can be a difficult obstacle to overcome and requires careful documentation and explanation by a lawyer.
How to Apply
To apply for the TN Visa, Canadian citizens must have a job offer from an American company in one of the eligible professions. The visa application is reviewed and approved by the Department of Homeland Security (DHS) at the airport in Canada. However, for the position of Management Consultant, extra documentation and explanation are required to demonstrate that the individual has the required experience in the consulting field. It is possible to successfully process TN visas, even for tricky cases such as self-employed individuals who are coming to provide services to a specific American client.