[ESTABLISHING A BUSINESS ENTITY IN THE UNITED STATES] 505
training program, or giving a guest lecture or speech. The B-1 status is for a limited period of time (usually less than six months). To qualify for this status, the visitor cannot remain in the United States to manage their investment, perform productive employment, or receive any salary (other than reimbursement for expenses) from U.S. based companies. • Temporary Worker Visas (H-1B, H-1B1, H-2B, H-3, E-3 L, O, TN). These are available for foreign employees who fall within several specific categories. The H-1B is for specialty occupations and is a very sought-after work visa category for professionals (approximately 85,000 are available annually), which generally are professionals whose position require at least a bachelor’s degree or higher, fashion models, or researchers for Department of Defense projects. The E- 3 is similar to the H-1B but is limited to citizens of Australia only. The H-1B1 is also similar to the H-1B but is limited to citizens of Chile and Singapore only. H-2B visas are for seasonal work or work of a temporary nature and limited to nationals from designated countries. The H-1B, H-1B1, E-3 and H-2B visas are all subject to annual quotas. H-3 visas are available for training in any field (except graduate medical education) that is not available in the foreign national’s home country. Persons with extraordinary ability as evidenced by national or international acclaim may qualify for O visas/statuses. L visas/statuses are for professionals who need to work in the United States at a branch, parent, affiliate, or subsidiary of their current, foreign employer in senior managerial, executive, or specialized
knowledge positions. The TN is for qualified professional Canadian and Mexican citizens to work in the United States pursuant to the United States- Mexico-Canada Agreement (USMCA)). • Treaty Trader and Investor Visas (E-1, E- 2). If a foreign national is from a country that maintains a treaty of commerce and navigation with the United States, (s)he may qualify as an E-1 treaty trader or E-2 investor. To qualify, the foreign national must be engaged in substantial trade or investment and must be an essential employee or possess highly specialized skills. • International Entrepreneur Rule (IER). In May 2021, the Department of Homeland Security (DHS) announced the International Entrepreneur Rule (IER), which permits the DHS to use parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion. Entrepreneurs granted 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.
Permanent
• Employment Immigrant Visas/Statuses (EB-1, EB-2, EB-3, EB-5). The U.S. Department of State issues approximately 140,000 employment- based immigrant visas (otherwise known as green cards) each year. Top priority (EB-1) goes to persons with “extraordinary ability” (international
ILN Corporate Group – Establishing a Business Entity Series
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