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
Citizens of certain countries (see below) may invest a minimum of $90,000 to $150,000 into their own U.S. business and obtain an E-2 Investor visa for purposes of directing and developing the U.S.-based business. You may open a new company or purchase an existing company. Our firm may assist you in opening your company in the U.S. or find a company you may purchase or partner with.
Eligible countries
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxemburg, Macedonia, Mexico, Moldova, Mongolia, 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, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom.
Requirements for the E-2 Investor Visa.
How to Apply.
No employees are necessary.
There is no requirement that the business have employees, although it gives more credibility to the business venture if the plan includes hiring employees some time in the future.
A minimum of 50% ownership is required.
An E-2 Investor must own not less than 50% of the underlying business. However, the owner of the remaining 50% ownership may not be another E-2 investor.
Any business may qualify.
Any type of business activity may qualify for the E-2 investor visa, including logistics, restaurant, consulting, accounting, home care, engineering, IT, construction, hospitality, mechanical repair, beauty industry, etc.
No specific education or training is required.
Although the USCIS may ask why the investor thinks he may be successful in his new venture in the U.S., there is no specific education, experience or training required for this visa.
Business Plan.
A business plan is required to demonstrate that the investor would not only be able to support himself, but that the business will grow significantly and will not be merely a means of generating a salary for the investor (not marginal enterprise).
Source of Funds.
The investor is required to demonstrate the source of funds for the investment. For example, the investor may show his bank account and explain that he got the funds from the sale of real estate or other assets, from business income, or from a salary. The money can also be borrowed, so loan documents would need to be prepared.
Start of Business Operations.
The USCIS wants to see your investment funds deposited into your U.S. business or personal account. The deposit should be consistent with at least the minimum requirements ($90,000 to $150,000) and consistent with the cashflow requirements stated in your business plan. It is preferred by the USCIS that you start your business operations and start spending your investment funds for business purposes (although it is not required). You may show equipment and other assets in lieu of or in addition to a cash deposit. Our attorneys and financial advisors may help you establish your business in the U.S.
Executive Functions.
The investor’s functions in his business would be those of an executive. He would be required to direct and develop the business. This would be generally reflected in the business plan.
Duration of Stay and Visa Extensions with the USCIS.
The E-2 visa is extended indefinitely in 2-year increments. There is no limit as to how many times an E-2 investor may get the visa extended, provided that the business follows the E-2 requirements.
Extensions at the point of entry.
Every time that you enter the United States with an E-2 visa, (regardless of how often you travel), you may get a visa extension stamped into your passport at the point of entry for 2-additional years each time. However, for this visa, you will need to appear for consular processing at a U.S. Embassy the first time that you travel outside the U.S. so that you may re-enter the U.S. Please see the section immediately below.
Consular processing.
Although the E-2 holder may stay in the U.S. indefinitely (subject to visa extensions), he must appear at a U.S. Embassy for consular processing before returning to the U.S. with the E-2 visa for the first time. He may or may not be subjected to an interview there. After receiving an E-2 visa at the U.S. Embassy, the E-2 visa holder will generally not be required to appear at the U.S. Embassy again pertaining to this E-2 visa.
Family of E-2 Investor.
The spouse and children under 21-years of age may enter the U.S. and stay in the U.S. during the E-2 visa validity period. Spouse and children may travel and enter the U.S. an unlimited number of times independently.
Work authorization for the spouse of an E-2 Investor.
The spouse receives work authorization to work for any U.S. employer for the duration of an E-2 visa.
Children or spouse of an E-2 holder may study in the U.S. Children or even spouse of the E-2 visa holder may enroll in any educational institution or program in the U.S. throughout the duration of the E-2 visa.
Change of Status and Green Card.
E-2 visa holder may change status to any other visa for which he may be qualified or adjust status to a Green Card based on any valid petition, such as an Immediate Relative Petition or Immigrant Petition for Alien Workers, for example. So, while the E-2 visa does not in itself lead to a Green Card, the E-2 holder is not precluded from seeking a Green Card through EB-2/EB-3 Labor Certification, EB-1C, or any other available means.
E-2 visa processing.
Unlike other visas, E-2 visa petition is filed with the USCIS only if the petitioner is in the U.S. Otherwise, the petition is filed with the U.S. Embassy. If the petition is in the U.S. while the petition is filed, but leaves the U.S. before the petition is adjudicated, the USCIS will not process the petition, and will advise the petitioner to apply at the U.S. Embassy.
Time.
It takes approximately 2-8 months to adjudicate the E-2 visa by the USCIS, depending on whether the matter was filed as premium processing and, on the information available in support of the petition, and on the general business of the USCIS. If the E-2 petition is filed with the U.S. Embassy, times vary from Embassy to Embassy, but in general, your E-2 visa may be processed within approximately 6 months.
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.
L-1A and L-1B. The L-1A visa is for executives, such as presidents, CEOs, CFOs, executive VPs, etc. The USCIS defines an executive as someone who manages a hierarchy of staff. Practically, the executive must manage at least three employees to qualify for the L-1A visa. In contrast, the L-1B visa does not require management duties unless the job description includes them. The L-1B visa is for specialists or mid-level managers.
While the L-1A visa can lead directly to a green card (through the EB-1C process), the L-1B visa does not. However, a green card may be obtained through labor certification. Additionally, the L-1A visa requires that the business plan includes hiring at least three employees in the United States within approximately one year of obtaining the visa. The L-1B visa has no such requirement.
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
Visa L-1B Intra Company Transfer of Specialists and Mid-Level Managers to the U.S.. The L-1B visa allows a U.S. affiliate of a foreign company to transfer employees with specialized knowledge to the United States to start a new office in the U.S. or work in an established one.
Time.
The L-1B visa is granted for 3 years, except when the employee with specialized knowledge comes to open a new office. When opening a new office, the maximum initial period of stay is one year. For all L-1b employees, status can be extended in increments of two years for a maximum of five years. It takes about 1-4 months to prepare the L-1B Visa petition, depending on the timing of the information provided by the client. Through expedited processing made available by USCIS for the L-1B Visa, one should expect an answer from the USCIS within about 60-days of the filing date, which would include responses to inquiries from the USCIS during the review period (Requests for Evidence).
Family. Spouses and unmarried dependent children (under 21) of L-1 visa holders may be eligible for L-2 classification, granting them the same validity period as the L-1 principal. L-2 dependents are not included in the L-1 petition, but they must apply for an L-2 visa at a U.S. consulate based on the L-1 principal's approval. Alternatively, they may file an Application to Extend/Change Nonimmigrant Status (Form I-539).
As of November 12, 2021, certain L-2 spouses are automatically authorized to work in the U.S. and no longer need separate employment authorization. However, they may still apply for an Employment Authorization Document (EAD) by filing Form I-765 if they wish to have evidence of their employment eligibility.
L-2 dependent children are granted the same visa validity period as the L-1 principal, up until they either turn 21 or get married, whichever happens first. While they cannot work in the U.S., they are permitted to attend school.
The validity of both L-1 and L-2 statuses depends on the ongoing employment of the L-1 visa holder. If the L-1 principal's employment ends or no longer meets L-1 visa requirements, both the L-1 and L-2 statuses will no longer be valid.
Requirements
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Affiliates.
Minimum Common Ownership of 51%. To qualify, at least 51% of the shares or membership in the U.S. company must be owned by a foreign affiliate. In the alternative, common ownership may also be demonstrated where the same individuals own at least 51% of both the U.S.-based and foreign companies. -
1 year of work experience abroad.
Employees being transferred must have worked for the foreign affiliate for at least 1 year out of the preceding 3 years in a position where they engaged in work related to their specialized knowledge. -
Business Plan.
A business plan is needed, including a financial analysis for the U.S.-affiliated enterprise. BIRG LAW helps with the drafting of the business plan. -
Funding the U.S. affiliated enterprise.
While the USCIS states no specific amount, the amount of the investment into the U.S. affiliate needs to correspond with the business needs of the enterprise. The business plan would indicate the amount of money initially required based on sales projections, cash flow projections, and other financial indicators.
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.
L-1 Blanket Petitions
"Blanket petition" allows a U.S. company with a total annual gross revenue of $25 million U.S.D. to obtain authorization to bring workers to the U.S. from its foreign-affiliated companies without a need to file individual visa petitions for each employee. The $25 million U.S.D. Gross revenue may be a combined revenue amount for all affiliated companies. The petitioner company must have at least 3 branches or affiliates (at least one being abroad). Unlike L-1A and L-1B, the Blanket Visa does not allow recently established companies to be petitioners. (However, the affiliates who are not the petitioner may be new companies.) One U.S.-based affiliate must have been operating for at least 1 year. The sponsored employees must have worked for a foreign affiliate for at least 1 year in the preceding 3-year period. A company with an approved L-1 Blanket Visa no longer needs to apply for each employee, but instead, the company would direct its employees to present themselves to the U.S. Embassy with the documents prepared by our law firm for consular processing. The employee may be given an interview by the consular officer.
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Affiliates
Minimum Common Ownership of 51%. To qualify, at least 51% of the shares or membership in the U.S. company must be owned by a foreign affiliate, or a U.S. company may own 51% of a foreign affiliate. In the alternative, common ownership may also be demonstrated where the same individuals own at least 51% of both the U.S.-based and foreign companies.
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1 year of work experience abroad.
Employees being transferred must have worked for the foreign affiliate for at least 1 year out of the preceding 3 years (in a position where they engaged in work related to their future work in the U.S.).
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Business Plan.
A business plan is needed, including a financial analysis for the U.S.-affiliated enterprise. BIRG LAW helps with the drafting of the business plan.
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EB-1C Visa for Executives and Managers.
Executives have a direct pathway to permanent residency through the EB-1C category, specifically for multinational executives and managers. This green card option is ideal for executives who have held a qualifying role at a foreign office and are transferring to a U.S. branch. To qualify under the EB-1C category, the applicant must demonstrate they have been employed in an executive or managerial capacity for at least one year within the three years preceding their U.S. transfer.
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Green Card Through Labor Certification.
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Time.
The L-1 Blanket Visa is granted for 3 years. This visa may be extended indefinitely.
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Family. Spouses and unmarried dependent children (under 21) of L-1 Blanket Visa holders may have the same validity period as the L-1 Blanket Visa principal.
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As of November 12, 2021, certain L-2 spouses are automatically authorized to work in the U.S. and no longer need separate employment authorization. However, they may still apply for an Employment Authorization Document (EAD) by filing Form I-765 if they wish to have evidence of their employment eligibility.
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L-2 dependent children are granted the same visa validity period as the L-1 Blanket Visa principal, up until they either turn 21 or get married, whichever happens first. While they cannot work in the U.S., they are permitted to attend school.
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The validity of both L-1 Blanket Visa and L-2 statuses depends on the ongoing employment of the L-1 Blanket Visa holder. If the L-1 principal's employment ends or no longer meets L-1 visa requirements, both the L-1 and L-2 statuses will no longer be valid.
O-1A VISA
Extraordinary Achievement in Athletics, Education, Sciences or Business.
The O-1A visa is available to those with extraordinary abilities in the sciences, education, business, or athletics who want to continue work in their field in the U.S.
Requirements
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Sustained national or international acclaim in the field of sciences, education, business, or athletics.
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Achievements have been recognized through extensive documentation.
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The candidate will continue to work in his field in the U.S.
How to Apply
Your sustained national or international acclaim is demonstrated by submitting at least 3 out of 8 criteria below:
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You received nationally or internationally recognized prizes or awards
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2. You have membership in an association that requires outstanding achievement of members
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You published materials about yourself in major media or professional publications
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You participated on a panel or individually as a judge of the work of others in the same field
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You made original scientific, scholarly, or business-related contributions of major significance to your field
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You authored scholarly articles in major media or professional publications
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You have been employed in a critical capacity for organizations that have a distinguished reputation
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You have received a high salary or other enumeration
O-1B VISA
Extraordinary Ability in the Arts or Extraordinary Achievement in the Motion Picture or Television Industry.
Arts
This visa is available to those who have reached a high level of achievement and distinction in the field of arts.
Cinema or Television
O-1B visa is for those who can demonstrate extraordinary achievement: for example, you are recognized as notable, outstanding, or leading.
Crew, coaches, and staff of O-1 artists or athletes may get an O-2 visa.
Requirements
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Has extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim.
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Documentation exists that can demonstrate achievements.
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The candidate will continue to work in his field in the U.S.
How to Apply
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You need a U.S. employer or a petitioner agency. You may be your own employer.
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Sustained national or international acclaim
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Achievements have been recognized in the field / must have documentation
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Must be coming to continue work in the area of extraordinary ability
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Must meet 3 of 8 criteria below:
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You received nationally or internationally recognized prizes or awards
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You have membership in an association that requires outstanding achievement of members
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You published materials about you in major media or professional publications
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You participated on a panel or individually as a judge of the work of others in the same field
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You made original scientific, scholarly, or business-related contributions of major significance to your field
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You authored scholarly articles in major media or professional publications
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You have been employed in a critical capacity for organizations that have a distinguished reputation
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You have received a high salary or other enumeration
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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-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
Artists or Entertainers Coming to the U.S. as Part of a Culturally Unique Program.
Requirements
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You need an employer, agent, or some petitioning organization or business in the U.S. Must provide a contract with the employer or agency.
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This applies to you if you are coming to perform, teach, or coach as an artist or entertainer, individually or as part of a group under a culturally unique program.
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This visa applies to traditional ethnic, folk, cultural, musical, theatrical, or artistic performances or presentations.
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The program may be commercial or amateur in nature. Examples:
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Folk music singers come to perform in clubs, restaurants or concerts in the U.S.
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Dance groups coming to perform an ethnic or culturally unique dance
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Singing coach is coming to teach folk songs
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Term: 1 year with increments of 1-year extensions.
Essential support personnel get a P-3 visa also.
How to Apply
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The process for obtaining a P-1 visa begins with getting sponsorship and invitation from a U.S. employer, agent, or organization hosting the event or performance. Once sponsored, the respective application with the supporting documents is filed with USCIS.
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Supporting documentation is crucial in this process, as the petitioner must submit evidence confirming the applicant's outstanding ability and international recognition. This documentation may include awards, press clippings, contracts, and letters of recommendation.
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Upon approval, the applicant applies for a P-1 visa at the U.S. embassy or consulate or change of status if in the U.S.
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.