USA E2 Treaty Investor Visas

Benefits

The major benefit of E2 US visas is that, so long as the requirements continue to be met, a person may continue living and working in the US on an indefinite basis. In America, visas of this kind may be extended by two years at a time so long as the applicant still satisfies the original criteria. 

However, it is worth noting that, as with a non-immigrant US visa such as the H1-B visa and L1 visa, which function in a similar manner to a UK work permit, Adjustment of Status may be an option. 

Since 

applying

 for a US Permanent Resident Card can be a lengthy process, it is a common practice to immigrate to the USA on a temporary US visa for a limited duration, whilst simultaneously beginning US Green Card application proceedings.

The E2 Treaty Investor Eligibility Requirements

E-2 holders must enter "solely to develop and direct the operations of an enterprise" in a supervisory, executive, or specialized knowledge capacity in which he or she has made an active and substantial investment in a real operating enterprise in the USA.   

Further, the investment must not be marginal (e.g. the business employs US workers, the investor has other sources of income, and the investment does not solely support the investor and his/her family members).  

The investment funds and assets must also be placed directly at risk and the investor must prove the requisite intent to return to his/her home country.  

Once more, no specific parameters are in place but the greater the investment, the more likely an E2 visa application is to succeed. 

The investment must be made in a current and active business and a large portion of the investment must have been made before the application was submitted.  With a branch office located in the US, Global Visas are happy to assess any potential business investment for its suitability based on E2 requirements and we invite you to contact us at anytime.

Participating Countries

Another requirement of the E-1 visa is that the investor must be a national of a treaty country and a requisite treaty must exist between the US and the foreign country of the foreign national.  Please see the US Department of State website to see if a treaty exists in your home country under the E-2 visa category.

Dependent Immigration and Spouse Immigration

In America, immigration through E visas may be regarded as a possible route to permanent residency in the US, or otherwise, US residency for a period of some years. As a result, the spouse and or dependents of successful applicants are permitted to migrate to the USA along with the principle applicant. Whilst derivative E visas do not in themselves provide the right to work in America, an applicant's spouse may apply separately for an EAD card for Employment Authorisation. Whilst dependent children under the age of 21 will be permitted to enter the country, they will not be allowed to work under this US immigration service. Find out further information on our New York Immigration page.

USA Citizenship Process

Whether it's an H1-B, EB or specialized visa, there are dozens of options, all of which have become increasingly popular in recent years.

Benefits

One of the benefits of US citizenship is unrestricted travel and time outside the US.  Unlike US citizens, permanent residents who travel outside the US for extensive periods of time without first obtaining a re-entry permit may be deemed to have abandoned their residence resulting in their green card being revoked by the US government.  Another disadvantage of not being naturalized is that permanent residents, who commit certain crimes in the US (even if not serious in nature), may be placed in removal proceedings by the Department of 

Homeland Security

. 

Further, only US citizens are allowed to apply for federal jobs and run for political office.  US citizens are also given priority in certain categories in terms of sponsoring for immediate relatives (spouses, children, parents, and siblings) to immigrate to the US on a permanent basis whereas permanent residents often have to wait for an extended period of time to be afforded this opportunity. 

Eligibility Criteria

A person can become a US citizen by operation of law such as being born in the US or being born abroad to US citizen or nationals.  Another way a person can become a US citizen is through the process of naturalization.  In this instance, the applicant must be a permanent resident who is at least 18 years and reside within a state or USCIS district for three months prior at the time of filing for US citizenship.  That person must also meet the following requirements: 

Residency Requirements

Applicants must have lived continuously in the United States for a period of five years subsequent to being granted a US Permanent Residence Card.   In circumstances where the candidate is married to a Citizen, this will be reduced to three years.

Half of the residency period (whether three or five years) must have been spent physically residing in the USA.  Please note that extended absences from the US during this requisite time period may affect a person’s eligibility to naturalize.

Good Moral Character

Applicants must be a person of good moral character.  Factors that may affect a person’s moral character include but are not limited to criminal convictions, failure to pay child support, providing false testimony, being involved in prostitution, practicing polygamy, engaging in illegal gambling, being a habitual drunkard, committing adultery, committing any unlawful acts that adversely reflects on the applicants moral character, etc.  

English Language Requirements

Applicants must have at least a basic grasp of the English language and must have demonstrable knowledge of the government and history of the USA.

Adherence to the Principles of the US Constitution

An applicant must understand and be willing to take the full oath of allegiance of the United States as well as be willing to bear arms or perform non-combatant services on behalf of the US government. Find out further information on our Other Immigration Services page.

Please contact our branch office in the US for further inquiry on whether you are eligible for 

applying

 for US Citizenship.

USA Medical Professionals

Whilst the methods of immigration to the US discussed here are also explored in depth on the relevant pages of the website, this page will briefly examine the options focusing upon their particular relevance to medical professionals.

Benefits

J1 Visas

The USA immigration options for medical professionals vary considerably in terms of their duration. As discussed elsewhere on the site, J-1 visas for the USA are intended as non-immigrant visas and will not lead to the opportunity to apply for an American Green Card. J1 visas allow medical professionals to relocate to the USA in order to undergo training or to observe, teach, consult or conduct research. 

As a non-immigrant visa the J-1 bypasses some of the requirements for the longer term H1-B however, candidates must have successfully passed the Foreign Medical Graduate Examination in Medical Sciences and have a solid grasp of the English language. 

In addition, candidates will also be subject to the Home Residence Requirement or HRR, which much like the Training and Work Experience Scheme or TWES in the UK, requires the candidate to remain outside the country at the end of their training for a period of two years.

H-1B Visas

The H-1B visa, as discussed elsewhere on this website functions in a similar manner to a UK work permit and is aimed at skilled migrants relocating to the USA to perform specific pre-arranged roles. Although H-1B visas are classed as non-immigrant visas, a common practice among those wishing to remain in the USA indefinitely is to begin H1-B and US Green Card proceedings at the same time. Since the process of 

applying

 for a Green Card can be lengthy, this approach allows the candidate to progress smoothly from the temporary United States visa to permanent residency.

Permanent residence itself offers a wealth of benefits to the successful candidate, affording them many of the rights and privileges enjoyed by US citizens with a few exceptions, most notably the right to vote. Permanent residents may live and work in the USA permanently with no time or work based restrictions placed upon them.

Eligibility Criteria

As discussed J-1 visas for the USA, when applied to medical applicants impose the eligibility criterion of the Foreign Medical Graduate Examination in Medical Sciences and require competence in the English language, they also require that the applicant has obtained the support of an approved J-1 visa sponsoring organization in the United States prior to submitting their application.

Requirements for the longer-term H-1B immigration visa go further and require a range of criteria to be fulfilled. Aside from the presence of a verifiable employment offer from a US employer, candidates must also demonstrate that they have undergone a medical 

education

and that they are licensed to practice in their home country as well the state in which they will practice.

Dependants

Whilst spouse immigration and dependent immigration is permitted on all of the visa services outlined above, the exact terms vary between routes. Dependents of J1 visa holders will receive a US J-2 visa which will be valid for the same duration as the principle holder's permit. Holders of USA J-2 visas are permitted to study in the USA and to undertake employment, however, holders will be subject to the same conditions as the principle visa holder.

Dependents of applicants in possession of an H1 visa will be granted an H-4 visa which allows them to study in America although working is not permitted. For dependents of those achieving permanent resident status to live in the USA, the same rights and privileges as the principle applicant would be granted. Find out further information on our Nurses page.

Specialized USA Visa Classes

P-1 Visas: Athletes and Entertainment Groups

Global Visas offers assistance with P-1 visa 

applications

 only when the applicant is either a professional athlete that has been offered a contract with a professional sports team/organization in the United States, or a member of an entertainment group when the entire group will be travelling to the US in order to perform.  

P-1 Athlete visa applicants must provide documentation that the athlete/team is internationally recognized; has engaged in athletic competition with a distinguished reputation; and the competition requires participation of the athlete/team with international reputation.   

Further, the petition must include a tendered contract that is issued by a recognized professional athletics or entertainment body in the United States, and the applicant must be contracted as an athlete or performer (coaches, managers, etc. are not eligible).  

There are other significant criteria that a P-1 Athlete/Team or Entertainer Group must provide and you should contact our US branch office for further inquiry or by filling out our online assessment form.
  
P-1 visa applications are initially submitted to the USCIS in the United States for approval. Once approved at USCIS, the applicant must then attend a visa interview at a foreign US Embassy in order to receive their visa. Following visa issuance, P-1 visa holders may then travel to the US in order to commence their contractual duties with a professional US Athletic Team or Organization.  Spouses and children of P-1 visa holders qualify for a P-4 visa and are allowed to accompany the athlete or entertainer the US, but are not allowed to engage in employment.

O-1 Visas: Extraordinary Ability

O visas are available to individuals that possess an "extraordinary ability" in the fields of science, arts, business, 

education

, entertainment, or athletics. 

Applicants must be able to provide evidence attesting to their high level of recognition within their field. Such evidence can include national or international awards, copies of relevant publications, and written testimonials from professional peers.

Dependants and essential support staff of O visa holders are typically eligible to receive derivative visas that enable them to accompany the primary visa holder to the United States.

R-1 Visas: Religious Workers

R visas are issued to religious workers who have been offered an appropriate position of employment by a US-based non-profit religious organization or a non-profit organization affiliated with a religious organization in the United States.   

The religious worker must prove that she/he has been a member of a specific religious denomination for at least two years and seeks admission to the US in order to carry out duties as a Minister or other religious worker for an organization in the US in the same religious denomination.  

Further, the petitioning organization must show that the petitioner and the denomination to which the religious worker belongs to share the same ecclesiastical government or relate to a traditional religious function as recognized within the religious denomination.

Petitions must first be approved by USCIS; once this has been completed, visas will be issued following an interview at a foreign US Embassy. 

Applicants must be able to demonstrate "sufficient ties" indicating their intent to return to their home country once their R visa expires at the time of visa application; however R visa holders are entitled to pursue US Permanent Residency (Green Cards) while residing in the United States with an R visa.

TN Visas: NAFTA Temporary Work Permit

TN visas are US temporary work permits granted to citizens of Canada and Mexico under terms specified by NAFTA (North American Free Trade Act). TN visa applicants must possess a valid job offer from a US company in a skilled occupation, typically requiring a Bachelor's 

Degree

, in order to qualify for TN visa issuance.

Once granted, TN visa holders and their dependants are permitted to enter the US for a period of 1 year for the purpose of temporary employment. 

While dependants will not be authorized to work, they may attend school or 

training

programs

while in the United States as a TN dependant. TN visas may also be renewed every year as long as the required employer sponsorship remains in place.

I Visas: Media Workers

The I visa is issued to bona fide representatives of the media who are under contract with a recognized foreign press, radio, film, or other media company and are being sent to the US on assignment. 

In order to qualify for I visa issuance, the purpose of the US assignment must be to report/document "Informational Based Material" only. The production of staged events or programs of a purely entertainment value are not permitted under the I visa class.

I visas are issued through a foreign US Embassy and are typically valid for the duration of the assignment’s status with one-year extensions. 

Dependants of I visa holders are eligible to receive derivative I visas in order to accompany the primary visa holder while in the United States.

How can Global Visas help?

Immigrating to the USA can be a complex and demanding procedure, there are currently more than sixty non-immigrant visas for America through which foreign nationals may migrate to the US.  

With a branch office located in the US, Global Visas can help to simplify the raft of American visas and USA immigration services available in order to help you to identify which American immigration route is the most appropriate for your needs. 

Whether you wish to visit the USA for a short period on a B1 business visit visa or a B2 tourist visa, or for a longer duration through an H-1B visa or L1 visa, our US branch office can offer legal advice and can assist you at every stage of your relocation to the USA.    

Visa applications can be monitored throughout the process and we can ensure that you embark upon the most beneficial American immigration service for you.

Find out further information on our US Medical Professionals page.

USA Visa Appeal

US Visa Refused on Grounds of Ineligibility

Under the USA Immigration and Nationality Act (INA) there are several 

classes

 of aliens who are ineligible to receive US visas. US visa rejection reasons could include:

• Health-related grounds – the alien has a communicable disease of public health significance; suffers from a physical or mental disorder that is a threat to others; or is a substance abuser.
• Criminal and related grounds.
• Security and related grounds – including espionage and terrorist activities.
• Public charge – encompassing aliens whose age, health and circumstances render them unable to support themselves.

The US visa appeal process also makes provision for a waiver of ineligibility to be granted, for humanitarian and other reasons. To learn more about how the regulations affect you, contact Global Visas using the free assessment below.

US Visa Rejection Under Section 214B

US immigration law delegates responsibility for issuing or denying visas to overseas consular offices. Under the INA, applicants must establish their entitlement to non-immigrant status in order to gain a visitor or student visa. The most common reason for a US visa refusal is that applicants fail to show sufficient ties in their home country that would compel them to return once their US visa has expired. In this situation “strong ties” might include:

• A job or business
• A family or dependants
• Property that is owned or rented

Denial under this section can be reconsidered if an applicant produces new evidence of ties outside the US, or if their circumstances change.

USA M1 Vocational Student Visa

Benefits

US study permits are without exception non-immigrant visas and will not lead to a Permanent Resident Card for lawful permanent residence in the USA, or as it is more commonly known, a US Green Card. However, there are several benefits for those wishing to study in the US. In particular, M-1 visa holders can remain in the United States for extended periods in order to pursue their educational goals, in some cases they may even be permitted to work in the US if practical training is a necessary part of their curriculum.

In America, M1 visas allow candidates to freely enter and leave the United States throughout the duration of their grant and in addition, dependents may enter the country with the principle applicant and remain in the US for the duration of their course of study.

Eligibility

The M1 US visa is intended for those applicants relocating to the USA in order to participate in a course of vocational training. To qualify under this route candidates must:

• Be accepted for a full time course by an institution approved by the United States Citizenship and Immigration Services (USCIS).

• Have sufficient command of the English language to fulfil the course, or have special arrangements in place at the institution to receive language tuition.

• Have sufficient funds to cater for the first twelve months of study and be able to access funds to cover subsequent years of the course.

• Intend to return to their country of residence at the end of the grant of leave.

M1 visas are usually granted for the time it will take to complete the course plus 30 days, or one year, depending on which is less.

Spouse Immigration and Dependent Immigration

Whilst student visas for the USA are not intended as routes to permanent settlement, in most cases they will result in the applicant being in the country for a lengthy period. 

As a result, applicants immigrating to America through all classes of student permit may bring their spouse and/or dependents with them. 

In the case of M visa holders, dependents are granted a US M-2 visa, allowing them to remain in the country for the same duration as the principal applicant and to study if they wish, although employment is not permitted. Find out further information on our US Visa Appeal page.

USA F-1 Academic Student Visa

Candidates may study in the USA with an F-1 if they are embarking upon academic 

courses

 of study at the primary, secondary, or university level. Students enrolled in English language courses within the United States may also apply for F-1 visas.

Navigating the complex range of US visa options for immigration can be a time-consuming process. Whether a candidate is applying for a short term B1 business visa or a B2 tourist visa, or for longer-term US immigration with a view to obtaining a USA Green Card, a broad range of visa services are available.

With a branch office located in the US, Global Visas can help you to determine which American immigration service is the most appropriate for your relocation to America. US visa 

applications

can be monitored throughout the process and our immigration consultants can offer US immigration legal advice to ensure that you obtain the right American visa for you.

Benefits

US study permits are without exception non-immigrant visas and will not lead to a Permanent Resident Card for lawful permanent residence to work in the USA, or as it is more commonly known a US Green Card. However, there are several benefits for those wishing to study in the US. 

In particular, F1 visas allow candidates to work in the USA during their course so long as the work is based on 

campus

. In some cases where unforeseen circumstances lead to hardship, off-campus work may also be permitted.

In America, F1 visas allow candidates to freely enter and leave the United States throughout the duration of their grant and in addition, dependents may enter the country with the principle applicant and remain for the entirety of their course of study.

Eligibility Criteria

Before applying for an F-1 student visa, applicants must be accepted into a course of study at a recognized US educational institution and be able to provide documentation indicating their enrolment status.

It will also be necessary to provide other documentation including a valid passport, photograph, and an affidavit of financial support. Applicants must demonstrate adequate English language ability, and crucially, candidates must prove that they intend to return to their home country upon completion of their course and expiry of their US study visas. 

This may be assisted through the inclusion of documentation which demonstrates ties to the home country - for example, family ties through a 

marriage certificate

, employment obligations through a contract or evidence of prior temporary trips to the USA.

In addition, candidates applying for an F1 visa must be able to demonstrate:

• Sufficient grasp of the English language to pursue the intended course, unless special language tuition arrangements have been made with the institution or the course of study is an English language programme.
  
• Possession of and/or access to sufficient funds to support themselves throughout the course.
  
• Documentation of acceptance as a student from a recognized US educational institution.

F-1 visas are normally granted for the duration of the course of study; however, candidates may remain in the country for up to 60 days after the course is completed.

Spouse Immigration and Dependent Immigration

Whilst student visas for the USA are not intended as routes to permanent settlement, in most cases they will result in the applicant being in the country for a lengthy period. As a result, applicants immigrating to America through all classes of student permit may bring their spouse and/or dependents with them. 

In the case of F visa holders, dependents are granted a US F-2 visa, allowing them to remain in the country for the same duration as the principal applicant and to study if they wish, although employment is not permitted. Find out further information on our US M1 Vocational Student Visa page.

USA Business Visitors (B1)

US immigration on a temporary basis through the B1 class, also known as a "Visitor for Business" visa, allows a candidate to enter the USA for a typical maximum duration of 6 months; however in most cases the total validity period of the B1 visa period is anywhere from 1 to 10 years during which time the bearer can make multiple trips to the United States. 

An applicant’s visitation duration period on a given visit is determined by the Customs and Border Patrol (CBP) officer at a U.S. port of entry and is dictated by a stamp on the applicant’s I-94 card.  An applicant is required to depart the U.S. by the date mandated on the I-94 card.

Whilst applicants are prohibited from working in the USA, the following business related activities are permitted:

• An applicant from a foreign branch of a U.S. company may migrate to the USA to consult with the company.
  
• An applicant from a foreign-based company may come to the USA to engage in temporary business on behalf of a foreign employer such as attending conventions, conferences, or consultations; managing sales/purchases; negotiate contracts; or performing other legitimate activities of a commercial, scientific, educational, or professional nature.
  
• Applicants may also consult with business associates or undertake independent research.
  
• Applicants may enter the U.S. in order to make an investment or open a U.S. branch of a foreign company. This extends to activities performed prior to starting a business, e.g. opening bank accounts and obtaining office space.
  
• Applicants who are professional athletes and who will not be earning a salary in the USA may enter on a B1.

Additional Information - B1 in lieu of H1B

In limited circumstances a B1 visa may be granted "in lieu" of an H1-B. This may occur where the work in question would normally require an H1B visa but the applicant's salary is paid by a non-US source (except for an expense allowance or reimbursement for incidental expenses). Where visas of this kind are issued the requirements are:

• The work being undertaken must be H1-B level - a "speciality occupation".
  
• The applicant must be permanently employed and paid by a company outside the US.
  
• The applicant must have a suitable relevant Bachelor's Degree, or higher, to undertake the work.

The Visa Waiver Program

The USA Visa Waiver Program (VWP) allows nationals of participating countries to enter the United States for a period of up to ninety days without a visa, if they are in possession of a machine-readable passport and a non-refundable return ticket or a ticket to a subsequent destination, with the exception of Canada. 

Applicants entering the county through the Waiver program are subject to the same restrictions as those entering on a visitor visa. At present, the following countries participate in the program:

Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, The United Kingdom.

Please note: since January 12, 2009, all nationals and citizens of Visa Waiver Program (VWP) countries - including the UK - are required by law to obtain a travel authorization prior to travelling to the United States under the VWP. 

Travellers can register for authorization online through ESTA, a free Internet application administered by the Department of 

Homeland Security

 (DHS) through a U.S. government Web site. All UK citizens planning to travel to the U.S. in the future are encouraged to apply now.  ligible visitors seeking to travel to the United States under the VWP may apply for travel authorization via the ESTA website. 

Spouse immigration and Dependent Immigration

In America, B1 visas are not regarded as potential routes to permanent residency or US citizenship; they are specifically designed for temporary visits to fulfil a pre-determined purpose. 

Spouses and dependents cannot obtain a "Dependant Visa" to accompany the principle holder, but they may be able to secure a B2 in order to do so. In cases where a B2 holder's dependents are applying to join the principle, they must qualify for and obtain their own grant. Find out further information on our US F-1 Academic Student Visa page.

USA E1 Treaty Trader Visas

Benefits

The major benefit of the E1 category of US immigration is that, so long as the requirements continue to be met, a person may continue living and working in the US on an indefinite basis. In America visas of this kind may be extended by two years at a time so long as the applicant still satisfies the original criteria. 

However, it is worth noting that, as with non-immigrant visas such as the H1-B visa and L1 visa, which function in a similar manner to a UK work permit, Adjustment of Status may be an option. Global Visas can assist with finding the right US visa for you.

Since 

applying

 for a US Permanent Resident Card can be a lengthy process, it is a common practice to immigrate to the USA on a temporary US visa for a limited duration, whilst simultaneously beginning US Green Card application proceedings.

E1 Treaty Trader Eligibility Requirements

The E1 visa is designed for those applicants immigrating to the USA from a country with which the United States has a commercial treaty in place.

Applicants for USA visas of this kind must be migrating to undertake "substantial" trade with the United States which involves the international exchange of qualifying activities or commodities such as goods, services, technologies, or monies (in which the title of the trade item passes from one party to the other). 

In practice, this means that there is a sizeable and continuing volume of trade. In addition, the trade must be principally between the U.S. and the treaty country (which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality). No set limits exist to govern these criteria, each case is considered upon its own merits.

In addition to the criteria outlined above, candidates for US visas as employees of E1 Registered companies must be employed in an executive or supervisory level; or be classified as an "essential employee" able to offer specialty knowledge and skills which are invaluable to the company in question.

Participating Countries:

Another requirement of the E-1 visa is that the investor must be a national of a treaty country and a requisite treaty must exist between the US and the foreign country of the foreign national.  Please see the US Department of State website to see if a treaty exists in your home country under the E-2 visa category.

Dependent Immigration and Spouse Immigration

In America, immigration through E visas may be regarded as a possible route to permanent residency in the US, or otherwise, US residency for a period of some years. As a result, the spouse and or dependents of successful applicants are permitted to migrate to the USA along with the principle applicant. Whilst derivative E visas do not in themselves provide the right to work in America, an applicant's spouse may apply separately for an EAD card for Employment Authorization. Whilst dependent children under the age of 21 will be permitted to enter the country, they will not be allowed to work under this US immigration service. Find out further information on our US Business Visitors (B1) page.

USA EB5 Investment Green Card

This relatively new method to apply for lawful permanent residency in the USA - the much coveted USA Green Card - is granted far less frequently than the other employment-based US Green Card visa services and requires a substantial investment in order to qualify. 

The requirements of this American visa category are also fluid and although some criteria are clearly defined, whether an application fulfils other requirements is generally decided by the United States Citizenship and Immigration Services (USCIS).

Understanding the range of USA immigration services can be complex and time consuming; for those migrating to the USA on a permanent residency basis, several routes to applying for USA Green Cards may be considered. 

In addition, for those entering the USA for a short term visit or to live and work in the USA for a defined period of time, the most appropriate route must be determined from the wide variety of non-immigration visas for the USA.

Benefits

When applying for an American Green Card, whether through an employment based route or through familial ties, the key benefit of permanent resident status is that an applicant may commence living and working in the USA without any time restrictions. 

Unlike short term American visas such as the B1 business visitor visa or the B2 tourist visa which are awarded for a strictly limited period of time, USA permanent residents enjoy many, though not all the benefits of living in America enjoyed by USA citizens. 

American business visas, both temporary and permanent, place emphasis upon an offer of employment being in place from a US company before an application can be made. 

Only in the case of the EB-1 visa for priority workers and in some circumstances the EB-2 visa where much like the Highly Skilled Migrant Programme or HSMP in the UK, can a candidate immigrate to the USA without a job offer being made. 

The EB-5 category is an exception however, based as it is upon investment. EB-5 visas do have criteria which must be met, and it is important to note that of the submissions lodged, a small percentage are successful, however a job offer as such is not required.

Eligibility

Applying for an EB-5 visa is based upon an applicant's intention to begin a commercial enterprise which will be of benefit to the United States economy and will create employment opportunities for at least 10 people in the permanent resident or US citizen categories. In America, visas of this kind are based around investment, and the minimum amount required is USD $1,000,000, although in cases where an investment is in a "targeted employment area", this figure may be reduced by half.

Creating Employment Opportunities

In America, immigration through applications for EB-5 US visas requires that an investment must create at least 10 positions of employment for those lawfully living in the USA on a permanent basis. Family members of the investor cannot be included in this stipulation and non-immigrants are also excluded. Employees must not be independent contractors and must provide services or labour for the enterprise, receiving wages directly from the entity. Positions created must be full time and must constitute a minimum of 35 hours per week and places on the EB-5 scheme will be weighted in favour of enterprises creating jobs in "targeted employment areas", defined as areas in which unemployment is at least 150% of the national average.

The legislation relating to EB-5 USA visas has a tendency to be fluid and no set requirements are in place to address at what point in an application jobs should be created. However, the 10 positions required do not have to be created immediately and may be projected employment opportunities, so long as they are realistically incorporated into a comprehensive business plan and will be filled accordingly.

Other Requirements

Beyond the prerequisites of job creation and the minimum investment amount, much of this immigration visa route is open to the assessment of USCIS. Commercial enterprises must be both "new" and "commercial", or a "troubled business", rather than a non-profit organization. However, in practice, the term "new" can be interpreted broadly. Furthermore, the capital investment must have been obtained through lawful means.

An existing business which is purchased by the investor then reorganised or restructured can conceivably qualify as a new enterprise, if the reorganisation is more significant than a nominal change of legal form and creates the required 10 new positions. In addition, immigrating to America to expand an existing business may also qualify as "new" if the enterprise is increased by at least 40% in net worth or the number of employees.

Dependents

Migrating to the USA through this investment based route to a United States Green Card is intended as a permanent immigration service leading to settled status in the USA. Accordingly, as with all routes to Permanent Resident Cards, provision is made for spouse immigration and dependent immigration and successful applicants may include their spouse, partner and dependent children on their application to migrate to America. Find out further information on our US E1 Treaty Trader Visas page.

USA Summer Internship/Au Pair Visas

With the help of our US immigration consultants, you can quickly determine the ideal US visas for your needs. US immigration can be a complex process, so why leave things to chance? Speak to the experts.

The USA J1 visa, along with the F-1 visa and M-1 visa, is issued in some circumstances for temporary immigration to America for students, discussed in full on the relevant pages of this website. J1 visas are also issued to those immigrating to the United States on a temporary basis to function as trainees in business and industry, research assistants, teachers and a variety of other non-permanent circumstances for relocating to the USA.

This page will examine the eligibility requirements for the J-1 visa when issued to those immigrating to the USA in order to participate in summer work/travel, internship, trainee, or Au Pair Exchange Visitor programs.

Benefits

The J-1 visa, whatever the circumstances of its issue is a non-immigrant visa for the USA and as such, it will not lead to the opportunity to apply for a Permanent Resident Card for lawful permanent residence in the USA, or a US Green Card as it is more commonly known.  

Immigrating to America on a J-1 visa allows a foreign national to live and work in the USA for a limited period in a variety of capacities.

Applicant requirements

In order to obtain the necessary sponsorship for a J-1 visa either as an intern, trainee, or Au Pair, you must first contact a sponsoring organization within the United States.  

Please note that Global Visas has partnered up with a J-1 sponsoring company that will assist in pre-placement or self-placement of summer work/travel, internship, and trainee programs in various industries in the US including a special internship program for nationals of the United Kingdom and Ireland.  

Please submit an assessment and inquiry for further information on this partnership.  Otherwise, a list of other designated J-1 sponsoring organizations can be found here.

Eligibility Criteria

The J-1 visa is designed for the non-immigrant visitor who is between 18 and 26 years of age; who are high school graduates; who have proficiency in spoken English; and who have no intention of abandoning his/her foreign residence.  

J-1 applicants typically include professors or research scholars, short term scholars, bona fide trainees or interns, 

college or university

 students, teachers, secondary school students, non-academic specialists, foreign physicians, international visitors, government visitors, camp counsellors, au pairs, or summer students in a travel/work program.  

The J-1 applicant can participate in an “Internship” whereby the foreign national is either currently enrolled in and pursuing studies at a degree-or certificate-granting post-secondary institution outside the US or graduated from institution no more than 12 months prior to the start date of the exchange program. The internship program is generally valid for 12 months.  
The J-1 visa applicant can also be apply for a “Trainee” program whereby the foreign national has a 

degree

 or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his/her occupational field outside the US or five years of work experience outside the US in his/her occupational field.  

The trainee program is generally valid for 18 months, except in the case of agricultural and hotel and tourism, which are limited to 12 months with certain exceptions.

Finally, a J-1 visa applicant can participate in an “Au Pair” program, which permits youth from abroad to be placed with American host families seeking child care. The au pair visa will be granted for an initial period of 12 months although a US visa extension can be granted for another 12 months.

Although au pairs will be living and working in the USA providing childcare services to their host family, they will be obliged to amass at least six semester hours at a recognized US educational institution.  

Applicants will also be screened for suitability, a process which will involve a background investigation, criminal record check, physical examination and psychological tests.

Host families will be expected to provide the costs of the Au pair's journey to and from the United States. They will also be obliged to provide bed and board as well as wages for services rendered. Au pairs may not work for more than 45 hours per week and in addition, they must receive one full weekend off per month and a minimum of one and a half days off per week.  

Where candidates are placed with young children additional requirements will apply. Where a child aged less than 3 months is present, at least one parent must also be present at all times. Where children are under two years, an au pair may only be left alone with them if they have amassed more than 200 hours of experience in infant care. 

Where USA visas are granted for working with families with special needs children, candidates must have experience in special needs care which has been reviewed and accepted in writing by the host family.  Au pairs will also receive lodging, meals, their own bedroom, and the cost of their round trip will usually be paid for by the host family.

The academic requirements for the American au pair visa are less than those for employment-based routes to the United States. Other non-immigrant visas such as the H1-B visa require postgraduate candidates as do many of the employment-based routes to Green Cards in the USA.  

Au pair visas only require candidates to have graduated from secondary 

education

. However, due to the nature of au pair work, this USA immigration service is one of the most closely scrutinized exchange programs and potential candidates, as well as the host family will be subject to a range or screening procedures.

Two-Year Foreign Residency Requirement

Some countries impose a two-year foreign residency requirement upon J-visa holders in which applicants must return to their home country upon completion of their training in the US before they are eligible to apply for an immigrant visa, adjust status, change status, or apply for an H or L visas.  

However, an applicant may receive a waiver of the two-year foreign residency requirement under certain 

applications

 and circumstances.  Please contact our US branch office for further information on the two-year foreign residency requirement and any necessary waivers.

Spouse Immigration and Dependent Immigration

Depending upon the nature of the exchange visitor program you are participating in, dependant visas may or may not be available to dependants of J-1 visa holders. For more information on whether or not you will be entitled to dependant visas for your family as a J-1 visa holder, please contact one of our US migration consultants. Find out further information on our US EB5 Investment Green Card page.

USA EB3 Visas

The EB-3 Green Card visa for America encompasses a wide range of applicants who can be categorised as ‘professionals’, ‘skilled workers’ or ‘other workers’. Unlike the EB-2 American visa, all positions must pass labour market testing to justify employing an overseas national.

EB3 US visas are split into three categories:

• EB-3(a) visa is for candidates classed as 'professional workers'
• EB-3(a) is for 'skilled workers'
• EB-3(c) is for 'unskilled workers'

While the process of 

applying

 for US visas can be confusing, Global Visas can help by determining the exact US visa for your needs. Take the complication and stress out of US immigration  by taking our free assessment above.

Requirements

Professional workers must be in possession of a US baccalaureate 

degree

 or a foreign equivalent degree normally required for the profession. 

Education

 and experience may not be substituted for the degree.

Skilled workers are not permitted to be seasonal or temporary and must have at least two years experience or 

training

. The training requirement may be met through relevant post-secondary education. 

Unskilled workers are classed as those positions that require less than two years of 

higher education

, training, or experience, such as an unskilled worker who can perform labor in positions that can not be filled from the local labour market in the US.

If you are thinking of immigrating to America, contact us to see whether our teams of immigration lawyers can provide you with expert guidance for moving to the USA and remaining here to work. Find out further information on our US Intern Work and Travel Program page.

USA EB2 Visas

The US EB-2 visa for USA is an employment-based Green Card visa and caters for highly skilled migrants with international recognition in their field of expertise and requires evidence of a major international award or other criteria including published works. 

The most important thing about the EB2 visa is that 'extraordinary' is justified in all 

applications

for US visas.

EB-2 visas are split into three categories:

• EB-2(a) visa is for candidates with advanced degrees (masters or higher), with an offer of employment from a US company,
• EB-2 (b) visa for candidates who show ‘exceptional’ ability in the arts, the sciences or business (with an offer of employment from a US company),
• EB-2(c) visa for those candidates who can demonstrate that their presence in the US would benefit the national interest.

Requirements

US visa applicants must provide 

academic

 evidence of an American advanced 

degree

 or foreign equivalent degree; official academic evidence showing an American baccalaureate degree or foreign equivalent degree; and provide evidence in the form of letters from current or former employers stating they have at least 5 years of progressive post-baccalaureate experience in their area of speciality.

If you are thinking of immigrating to America, contact Global Visas to see whether our teams of immigration lawyers can provide you with expert guidance for moving to live and work in the USA. Find out further information on our US EB3 Visas page.