The United States government recognizes the vast world of talent and innovation beyond its boarders. Among the recognized are artists, businesspersons and the like, all of whom are thought to comprise a special class of individuals who deserve a faster intake into these United States. Athletes, musicians, entrepreneurs, doctors, researchers, and all of those in between who demonstrate an acclaimed proficiency in their field are granted an expedited process on the presumption of their future contribution.
Strict affiliation with an existing organization is unnecessary, as a talent visa exists for the ambitious entrepreneurs around the world as well as those since established within an organization. This classification offers a special expedited process for both immigrants and non-immigrants. Non-immigrant visa categories are for business visitors (B-1), optional practical training (F1/OPT), specialty occupation (H1-B) extraordinary ability an achievement (O-1A), treaty investor (E-2), and intracompany transferees (L-1). Immigrant visa categories are employment-based (EB-1 though EB-5) and recognize the various forms an employee can take in title, skills, and attachment to an organization.
The distinctions inside both immigrant and non-immigrant visas account for differences in time, evidence, procedure, and eligibility. For example, eligibility for a B-1visa requires similar qualifications to an L-1 visa, as both are geared toward the temporary stay of the traveling businessperson and affiliate. A B-1 petition requires a petitioner’s intent to stay for less than 6 months, whereas a petitioner under the L-1 visa is allowed a stay for one to three years. The different categories also apply to the nature of the business as well. An EB-1 petition for example, is a top class permanent-resident visa for an employee with “an extraordinary ability”, or who is an, “outstanding professor or researcher” or “multinational executive or manager”, who meets certain requirements. An EB-5 petition, however, applies to an “Immigrant Investor” required to invest in a “new commercial enterprise”. The definition of new applies beyond the strict creation of entity and can include an enterprise that receives the investment to build upon or improve the existing organization.
Given these legal distinctions and provisions, U.S immigration law appears to show a favorable attitude toward the integration of foreign business by recognizing company hierarchy and individual interests all aimed at giving businesses and individuals a firm footing and fast track to the business amenities of country.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
John B. Buda, Esq.www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205
Santa Monica, CA 90405