QUESTIONS

ANSWERS

Questions about H-1B (Specialty Occupation Worker) Non-Immigrant Visa

H-1B is a nonimmigrant visa for a U.S. employer to hire an alien in a speciality occupation or as a fashion model of distinguished merit and ability.

H-1B requires the job position to be a position to apply a body of specialized knowledge with at least a bachelor's degree or its equivalent.  For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and arts are specialty occupations.

It has to be an U.S. employer, such as a U.S. corporation, LLC, or a U.S. citizen or permanent resident.

Regulation does provide that you can use your work experience to account for the years of education required to obtain a bachelor's degree.  However, the CIS has been strict on this issue.  It therefore requires careful evaluation by your attorney.

While college degree is an important factor in getting a H-1B visa, there are other important considerations, such as the employer's business and your expertise.

Often a H-1B holder will apply for green card via employer-based immigration. 

In theory, yes.  However, you have to overcome the intent issue. 

Questions about L-1A (Multi-National Manager) Non-Immigrant
Visa & 1st Priority Immigration Petition

L1-A visa is a nonimmigrant visa for aliens to transfer from from a U.S. employer's foreign associated organization to the U.S. employer as a manager or executive.

The position to be employed must be a manager or executive position.  The U.S. employer must be a branch, subsidiary, affiliate or joint venture partner of the associated foreign organization.

A L-1A holder can apply for immigrant visa in the first priority under the category of multi-national manager.  The biggest advantage of this category is that it does not require the process of labor certificate application.  It can save lots of time and advertising fee going through the labor certificate application.

Yes.  In most cases of this situation, the CIS will approve one year validity of L-1A.  It then needs to be renewed after one year.

7 years.  But if the L-1A holder leaves the United States for more than a year,  he or she can re-gain another 7 years.

Yes, but the company needs to show sufficient business amount and employees to support the number of L-1A holders.

Yes, although the applicant needs to pay attention to the intent issue.

A L-1A holder can apply for immigrant visa in the first priority under the category of multi-national manager.  The biggest advantage of this category is that it does not require the process of labor certificate application.  It can save lots of time and advertising fee going through the labor certificate application.

You can start to apply for green card at anytime.  However, it is advisable to apply for it after the L-1A is approved.

Since there is no need of labor certification, a significant amount of time is saved.  It will take the processing time of green card petition and processing time of adjustment of status, if the alien is in the United States, or the time of consular processing, if the alien is outside the United States.  Processing time varies depending on the speed of the CIS at a particular time.  Processing time can be estimated at the CIS' website.

Extensive documents are required such as employer's financial status and employees.  Please consult with our office for details.

No.  You can wait in your home country while green card petition is filed in the United States.  You can come to the United States after your green card is approved.

Questions about E-1 (Treaty Trader) Non-Immigrant Visa

An E-1 visa is a treaty trader status.  It is for citizens of a treaty country to apply to conduct trade between the United States and the county of majority ownership of the treaty enterprise.

The trading company must be engaging in substantial trade between the United States and the treaty country.  The principal or employee must server the trading company in a specified capacity, either managerial or involving "essential skills."

The duration of stay in the United States can be extended almost indefinitely and the alien do not need to maintain a foreign residence , as long as they affirm their intention to leave the United States after their authorized stay, including unlimited extensions, expires.

There is no direct route to apply for green card from E-1, but you can apply for green card through other employment and relative immigration petitions.

Questions about E-2 (Treaty Investor) Non-Immigrant Visa

An E-2 visa is a treaty investor status.  It is for citizens of a treaty country to apply as principal investors or enterprise employees seeking admission through the treaty enterprise.

A treaty must exist between the United States and the country of which the treaty enterprise is a national.  At least 50% ownership of the investing enterprise by nationals of the treaty country.

The duration of stay in the United States can be extended almost indefinitely and the alien do not need to maintain a foreign residence , as long as they affirm their intention to leave the United States after their authorized stay, including unlimited extensions, expires.

There is no direct route to apply for green card from E-2, but you can apply for green card through other employment and relative immigration petitions.

Questions about Establishing Company

No, you can do business as an individual in the United States, although establishing a company does have certain benefits.

The normal choices are C-Corporation, S-Corporation, Limited Liability Company, and Limited Partnership.

Yes, but there are limitations.  For example, foreigners can not form a C-Corporation.

Yes, it will have to register with the California State of Secretary.

When setting up properly, a Limited Liability Company has better protection of personal assets over corporations.  It also provides easier management formality.  It can also work with asset planning to provide potential estate tax savings.

The structure of a Limited Liability Company may make it uneasy if member wishes to sell or transfer its ownership interest.  In California, the State charges an additional LLC fee other than normal State taxes.

Basically it is a "Yes," but the company needs to follow certain formalities of a company to run business in order to have the protection.

Yes.  The tax effects are a important consideration in establishing a company depending on each different situation.  A CPA should be consulted to understand the consequences in choosing the company entity.

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