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Article of Interest

Introduction to Business Visas
By: Alfonso Cabañas, Attorney at Law

The politics of immigration in the United States seeks to attract foreign investment and business development. As a result of the recent turmoil in Mexico, the United States has benefitted greatly from the brain drain and capital outflow it has received from its neighbor to the south.

In recent years, more Mexican business executives, entrepreneurs, and major capital investors have aggressively begun to invest and expand their business operations in the United States as a direct consequence of the violence in Mexico. In Texas, areas like the Rio Grande Valley, San Antonio, Dallas, Austin, and Houston have seen an increase in the number of high-net worth Mexican individuals who reside in those areas. These business individuals are utilizing the different types of business visas to lawfully immigrate to the United States.

This document is a brief summary of the types of business visas utilized by these individuals and should not be used to determine if an individual qualifies for these business visas.

1. Business Visa “B-1”

The “B-1” visa is a non-immigrant visa for individuals who enter the United States for business purposes, or for tourism or medical treatment purposes (B-2 visa). The “B-1” visa allows the foreign individual to enter the United States for purposes of client visits and development, meetings with suppliers, or to attend lectures and conferences. The “B-1” visa does not allow the foreign individual to work or permanently reside in the United States and is only granted for a period of six (6) months.

2. Intracompany Transferee Visa “L-1”

The “L-1” visa is a non-immigrant visa generally authorized for executives, managers, and persons with specialized knowledge. Under an “L-1” visa, the foreign business entity is looking to expand or establish their business operations in the United States which is why they need an executive, manager, or person with specialized knowledge to immigrate to the United States.

The “L-1” category is an umbrella which covers smaller business entities as well as large multinational corporations who apply under a “Blanket L-1 visa.” Unlike other business visas, the “L-1” visa offers the applicant the possibility of obtaining a legal residency designation and subsequent United States citizenship. Depending on the type of “L-1” visa obtained it can be granted up to a period of seven (7) years.

3. Treaty Trader Visa “E-1”

The “E-1” visa is a non-immigrant visa that is generally granted to foreign applicants in business that have a significant amount of trade with the United States. The applicant must prove that more than fifty percent (50%) of its business is with the United States. Among other requirements, the foreign business seeking this visa must be established in a country that has a commerce treaty with the United States. This visa requires that the applicant only work for the sponsoring business entity, but it allows the applicant to enter and leave the United States. This visa is generally granted for a period of up to two (2) years.

4. Treaty Investor Visa “E-2”

The “E-2” visa is a non-immigrant visa that is generally granted to foreign investor who make a substantial investment in a business within the United States. This visa allows the recipient to enter and exit the United States without limitation or stay within the United States for a determined period of time. This visa is normally approved for a period of two (2) years and is subject to renewal after such period is over. This visa can only be applied for by citizens of foreign countries who have a trade-agreement with the United States. The recipient of such visa can only work for the employer who sponsored this visa. This visa allows the recipient to bring their family to the United States. The family, however, cannot legally work in the United States under this visa.

5. Employment-Based Visa “EB-5”

The “EB-5” visa is normally reserved for foreign citizens who will invest between $500,000.00 and $1,000,000.00 within the United States. This visa is subject to very strict and highlyscrutinized requirements. The purpose of such investment is to establish, re-structure, or expand a new business. The investment amount depends on the location of the business and the type of investment. For example, the applicant can invest $500,000.00 if such investment is made in areas designated as rural and areas with high unemployment rates. Additionally, the applicant can invest $500,000.00 through a government-designated ‘Regional Investment Center” which has a pre-approved investment plan. This visa is normally granted for an initial period of two (2) years. During the initial two (2) year period, the United States immigration service will conduct extreme and detailed investigation regarding the investment and whether it is complying with all the requirements under the EB-5 visa. If the visa is granted, the applicant can bring his wife and kids who are under 21 years of age.