[ESTABLISHING A BUSINESS ENTITY IN THE UNITED STATES] 511
parole will be eligible to work only for their start-up business, and for up to five years of authorization with an initial parole for up to two and half years.
There are additional types of immigration statuses that authorize employment in the United States. Whether a foreign national qualifies generally is dependent on the type of work being performed, his or her qualifications, the type of employer, in certain instances, his or her nationality, and the money that is willing to be spent. Careful consultation with legal counsel experienced in business immigration matters is recommended for any company that is considering employing foreign nationals in the U.S., especially in light of the backlog of consular operations. As of January 20, 2025, green card applicants are no longer required to establish that they have received a complete COVID-19 vaccination series as part of the mandatory panel physician medical exam in order to be deemed eligible for permanent residence, according to the Centers for Disease Control and Prevention (CDC). Other vaccinations are still required.
Permanent
• Employment Immigrant Visas/Statuses (EB-1, EB-2, EB-3, EB-5). The U.S. Department of State issues approximately 150,000 employment- based immigrant visas (otherwise known as green cards) each year. Top priority (EB-1) goes to persons with “extraordinary ability” (international recognition in their fields) and multinational executives with an overseas affiliate, parent, subsidiary, or branch of a U.S. employer. EB-2 visas are issued to foreign nationals who fill positions in the national interest that require the skills of someone with an advanced degree, or to those who possess exceptional ability in their field (although the latter category of EB-2 visas also requires certification from the Department of Labor that qualified U.S. workers are not available for the position). Third priority goes to EB-3 visa applicants, who are skilled professionals or other workers, and must provide certification from the Department of Labor that qualified U.S. workers are not available for the position. Historically, long wait times ranging from 5-12 years exist for EB-3 visas, especially for foreign nationals from Mexico, India, and China. EB-5 visas are for immigrant investors who engage in new commercial enterprises that invest at least $1,050,000 in capital ($800,000 in high- unemployment or rural areas) and create full-time jobs for at least 10 U.S. citizens or lawful permanent residents.
ILN Corporate Group – Establishing a Business Entity Series
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