[ESTABLISHING A BUSINESS ENTITY IN THE UNITED STATES] 506
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 5-10 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 $1,800,000 in capital ($900,000 in high-unemployment or
rural areas) and create full-time jobs for at least 10 U.S. citizens or lawful permanent residents. 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, and in certain instances, his or her nationality. 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 ongoing effects of COVID-19 and backlog of consular operations. As of October 1, 2021, green card applicants are 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). The CDC has added Covid-19 to the list of vaccinations already required of those seeking permanent residency.
ILN Corporate Group – Establishing a Business Entity Series
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