[ESTABLISHING A BUSINESS ENTITY IN THE UNITED STATES] 533
consulates worldwide remain unable to resume routine visa processing at this time with only limited operations or emergency appointments. As a result of the regional travel restrictions and suspension of consular services, international travel to the U.S. has been severely disrupted. In addition, the U.S. Customs and Border Protection (CBP) continues to restrict “non - essential” travel across U.S. land borders with and ferry travel between Canada and Mexico through September 21, 2021. The restrictions are reviewed monthly and have been continuously extended since the start of the pandemic and remain in effect until rescinded. This does not, however, affect travel by air between the U.S. and Canada and/or Mexico. Temporary • Business Visitor Visas (B-1). This is available to foreign nationals who are surveying potential investment opportunities, attending a conference or trade show, conducting independent research, participating in a short-term 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 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 NAFTA (effective July 1, 2020, NAFTA was replaced by 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.
ILN Corporate Group – Establishing a Business Entity Series
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