Baur, Klein & Becker P.A.

Abogados de Inmigración @ Baur, Klein & Becker P.A.

• Tanya R. Arteaga

Servicios de Baur, Klein & Becker P.A.

There are almost as many US visa categories as letters in the alphabet. Below we would like to give you only a brief overview of the visas we represent to our client groups.

INVESTORS
The first option for Investors is the E-2 investor visa. The applicant must invest a not insignificant amount in an ongoing business operation. A specific amount is not required, however from our experience, an investment of US $100,000 to $150,000 is a promising application. The E-2 visa is usually issued for 5 years and can be renewed again every 5 years.

TRADING COMPANY
International trading companies have the option to apply for the E-1 Trade Visa (Treaty Trader). In doing so, the petitioner has to prove substantial trade between the contracting state and the USA. Trade can also consist on the exchange of services. It does not depend on the value of the goods or services, but on the frequency of transactions and the volume. The E-1 Visa is also granted for five years and can be extended.

INVESTORS EB-5 GREEN CARD
The EB-5 Visa should be considered for larger investments of over one million US dollars. The applicant must invest at least $1 million US dollars in an ongoing business and create 10 jobs within two years. The EB-5 Visa offers the unlimited work and residence permit – know as the Green Card. After 5 years it is possible to apply for the American citizenship. The EB-5 Visa is only temporary granted for two years to make sure that the required jobs have been created. Furthermore, currently there is the possibility within the framework of the EB-5 pilot program, to invest five hundred thousand US dollars in a Regional Center. These centers indirectly create the 10 jobs through the projects they invest in. The EB-5 Pilot program also leads to obtain the Green Card and is also granted for a limited period of two years.

EMPLOYEE
For employees on foreign assignment, the L-1A visa is offered for executives and the L-1B visa for professionals/specialists. Both parties must have been employed with the company for at least one year before deployment. Managers must be on the highest level in a multi-level hierarchy of executives. The specialist must be essential to the business operations of the subsidiary. The visa is initially granted for three years and can be extended for a maximum of 7 years.

INTERNATIONALLY KNOWN SCIENTISTS, ARTISTS, ATHLETES, ACTORS AND PHOTO MODELS
The EB-1 Visa is offered for highly qualified and distinguished scientists, artists, teachers, business people, athletes, outstanding professors and researchers, and for certain transnational employees and managers. The EB-1 Visa also leads to obtain the Green Card. In order to qualify for this visa, the applicant must be a highly qualified person in the relevant field. The outstanding position must be proven by a significant, recognize distinction or publication etc in the relevant scientific field.

The O-Visa is offered for athletes participating in competitions or for musicians and entertainers on tour in the USA, as well as for models participating in fashion shows and photo shoots. The O-Visa allows work in the USA for duration of the stay. In particular, we advise on the tax obligations of the applicants.

The lesser-known H-1B3 visa is for internationally known fashion models. If necessary it must be proven by an affidavit that the model has a degree of fame and is hired and sponsored by a modeling agency. The requirements are slightly lower than the O-Visa.

In principle, we can also register entire football teams with the P-Visa. The P-Visa grants a work and residence permit for international sport teams.

HIGHLY QUALIFIED PROFESSIONALS/SPECIALISTS
The H-1B Visa is available for higher-skilled workers who have completed university studies. This Visa category is, for example, much used by software developers, engineers and architects. The prerequisite is that the employee has an employer who sponsors him or her and that the salary is not below industry standard. Recently it must also be proven that there is no American who can perform the same job. The H-1B Visa is granted for a three-year term and the employee can work exclusively with the employer who sponsored it.

STUDENTS, INTERNS AND RESEARCH STAY
The F-Visa is for students. This visa allows the student to stay for the duration of the study. After graduation, the visa can be extended for a one year internship.