Common Non-Immigrant & Immigrant Visas

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3 AREAS OF PRACTICE

4 Common Non-Immigrant & Immigrant Visas Panelists: Andrea Fiocchi, Esq. Partner Edwin M. Hernández García, Esq. Associate

5 E-1 (Treaty Trader) and E-2 (Treaty Investor) Visas E-1 Treaty Trader Visas: To carry on substantial trade, principally between the United States and the treaty country. E-2 Treaty Investor Visa: To develop and direct operations of a business in which the national has invested or is in the process of investing a substantial amount of capital.

6 J-1 Visas Allow foreign nationals to gain exposure to U.S. culture and to receive training in U.S. business practices in their occupational field. Degree from foreign higher educational institution and at least one (1) year of prior related work experience; or Five (5) years of work experience outside the U.S. in occupational field.

7 H-1B Visas Allow U.S. businesses/institutions to hire foreign workers in Specialty Occupations. Regular Cap: H-1B Master s Exemption: H-1B Cap Exempt Visas (Higher Ed. + Research): 65,000 visas per year 20,000 visas per year Unlimited

8 L Visas Intracompany Transferee Executive or Manager U.S. employers may transfer Executives/Managers (L-1A) or Professional Employees with Specialized Knowledge (L-1B) from one of their affiliated foreign offices to one of its offices in the United States. Foreign companies with no affiliated U.S. office may send executives/managers to the U.S. to establish an affiliated U.S. Office (L-1A).

9 O-1 Visa Individuals with Extraordinary ability or Achievement O-1A Sciences, education, business or athletics. O-1B Arts, or extraordinary achievement in motion picture or television industry.

10 Green Card (Employment Based) EB-1A: EB-1B: EB-1C: Extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. For Outstanding Professors and Researchers with international recognition for their outstanding achievements in a particular academic field. For Multinational Manager or Executives employed at foreign firm who will work for U.S. employer affiliate or subsidiary of the foreign entity.

11 Green Card (Employment based) EB-2 National Interest Waiver waiver of the required Labor Certification: Usually granted to foreigners who have Exceptional Ability and whose employment in the U.S. would greatly benefit the nation no permanent job offer required. EB-3 PERM Skilled Workers and Professionals: Labor Certification (performing work for which no qualified workers are available in the U.S.) and a Permanent, Full Time Job Offer required.

12 Green Card EB-5 Immigrant Investor Program: Allows Entrepreneurs (and their spouses and minor children) to apply for a green card if: Make the necessary investment (either $500, in a Regional Center or $1,000, in a new/existing business) in a commercial enterprise, AND Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

13 B-1/B-2 Visas Allow foreign citizens to enter the U.S. temporarily for business (B-1) or tourism and pleasure (B-2). Not allowed under B-1/B-2: Study, employment, paid performances, arrival as crew member, work as foreign press, radio, film and other information media, or permanent residence in the U.S.

14 I Visa Representatives of foreign information media outlet (press, radio, film, etc.); Coming to the U.S. to engage solely in this profession; and Have a home office in a foreign country.

15 F-1 Visas Study in the United States Universities, Colleges, High schools, and Other Academic Institutions (i.e. language training programs). Optional Practical Training (OPT): up to 12 months of full time practical training after completing degree in the U.S. Curriculum Practical Training (CPT): authorization for practical training directly related to field of study during the academic year.

16 Contact Us REINHARDT LLP Andrea Fiocchi, Esq. 44 Wall Street, 10th Floor New York, NY USA Ph: +1 (212) Fax: +1 (212)

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