Non-Immigrant Working Visas

E-2

Treaty Investor Essential Employee

U.S. entered into commerce and navigation treaties with various countries including but not limited to Korea, Canada, China, and U.K. Treaty investors and employees can receive a E-1/E-2 visa to direct, develop, and manage the U.S. enterprise. Unlike L or H visas, E-2 applicants apply their visas directly to the U.S. embassies (no need to file a petition to the USCIS prior to apply his/her visa). Therefore, processing time may be shorter than L or H. In addition, there is no requirement regarding 1 year of continuous employment at the same employer abroad. For the initial issuance, most of E-2 visas are 2 years and it can be extend. In order to get approved E-2 visa, the applicant should shown the following:

• Substantial and Irrevocable Investment to the U.S. Enterprise

• Real and Operating Business of the U.S. Enterprise

• The U.S. Enterprise is NOT Marginal (Marginality Test - making enough profit)

• No Immigration Intent

L1A, L1B, Blank L

Intra-company Transferee

When multinational companies need to dispatch their employees to the U.S. affiliate/parent companies or their subsidiaries, L can be an option. Managers/executives or employee with special knowledge can receive L visas through the U.S. Company. In order to receive L visas, the employer should file Form I-129 with/without Premium Processing to the USCIS prior to apply L visas at the U.S. Embassy in abroad. Once Form I-129 is approved, the employee can apply for the L visa stamp at the U.S. Embassy. In order to get approved L visas, the petitioning companies and their employees should shown the following:

• 1 Year Continuous Employment at the Same Employer is Required (during the recent 3 years)

• Qualifying Relationship of two Companies - U.S. and Foreign Companies

• Managerial Capacity for L1A

• Special Knowledge for L1B

• Dual Intent is Allowed

H1B

Working Visa (Special Occupation for a person with bachelor’s degree or advanced degree )

For non-profit organizations, numbers of H1B visas are always open. However, for profit organizations (most of employers), H1B application is only open for once a year, which is first five business days of April via mail. The applicants should be selected the lottery in order to receive a H1B visa. (Only lucky person can get a H1B.) From 2020, the USCIS is required employers to pre-register via online before filing their H1B petitions in March.

• Electronic H1B Registration March 1 - 20, 2020

• Selected Employers will be Notified

• Lottery System - select Advanced Degree 20,000 + Bachelor’s Degree 65,000 visas each year

• Even though the foreign beneficiary is hired by the U.S. employer, it is not 100% guaranteed to receive a H1B visa if s/he is not selected.

• Dual Intent is Allowed