Establishing the Business
The B-1 visa permits the holder to establish a U.S. business enterprise. This can include instructing lawyers to incorporate a U.S. entity and generally attending to all aspects of the start up phase of the entity including signing a lease and entering into contracts Note that all of those transactions do not include working for the U.S. entity and the actual fulfillment of these contracts.
Citizens of 36countries may engage in the establishment of an U.S. business enterprise on the VWPP, providing the activities in question can be carried out within the 90-day period.
Working for the U.S. Business Entity on a temporary basis
U.S. Immigration law offers a number of the nonimmigrant work visas that permit temporary work in the U.S.
H-1B Visa
The H-1b visa is available to specialty occupation workers, who will work in a professional field and is most often used for technology related positions. The visa presupposes that the job in question requires the achievement of an equivalent of the United States’ Bachelor degree in a particular field and that the foreign national possesses such a degree. The H-1B visa program is subject to quota. The H-1B visa is valid for an initial period of up to three years and can be extended for a maximum of six years.
The L-1 Intracompany Transferee Visa
The L-1 intracompany transferee visa is available to executives, managers and specialized knowledge personnel, who are to be transferred to a U.S. parent, branch, subsidiary or affiliate. The transferee must have worked for the overseas entity for at least one full year in the previous three years prior to transfer to the U.S. and in an executive, managerial or specialized knowledge capacity. There is no nationality restriction or quota imposed on intracompany transferees. The maximum period of stay for executives and managers is 7 years. Specialized knowledge personnel are limited to a maximum of 5 years.
The E Treaty Visas [ E-1 and E-2]
The E Treaty visa is available to citizens of certain countries that have entered into a Treaty of Friendship, Navigation and Commerce or such other arrangement with the U.S. Most of the European countries have such treaties, and other countries include Canada, Mexico, Japan, Australia and New Zealand. The E-1 visa is available to treaty traders and the E-2 to treaty investors. Note that the E visa is available to individual entrepreneurs, as well as to employees of treaty trading or investing entities.
The O-1 visas
The O-1 classification is a type of employment visa under United States immigration law that applies to aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.
An O-1 visa is initially granted for up to three years. Subsequently, it can be extended for one year at a time; there is no limit to the number of extensions that may be granted.
The P visas
The P classification is a type of temporary employment visa, under United States immigration law that applies to foreign-based athletes and entertainment groups.
P-1 applies to individual or team athletes, or members of an entertainment group (P-1B) that are internationally recognized. P-2 applies to artists or entertainers who will perform under a reciprocal exchange program.P-3 applies to artists or entertainers who perform under a program that is culturally unique.P-4 is for the spouse or child of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.
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