AREAS OF PRACTICE

Panelists: Andrea Fiocchi, Esq. Partner Edwin M. Hernández García, Esq. Associate

Common Non-Immigrant & Immigrant Visas

E-1 (Treaty Trader) and E-2 (Treaty Investor) Visas

• E-1 Treaty Trader Visas: To carry on substantial trade, principally between the United States and the treaty country.

• E-2 Treaty Investor Visa: To develop and direct operations of a business in which the national has invested or is in the process of investing a substantial amount of capital.

J-1 Visas

• Allow foreign nationals to gain exposure to U.S. culture and to receive training in U.S. business practices in their occupational field.

• Degree from foreign higher educational institution and at

least one (1) year of prior related work experience; or

• Five (5) years of work experience outside the U.S. in occupational field.

H-1B Visas • Allow U.S. businesses/institutions to hire foreign workers in

Specialty Occupations.

Regular Cap: 65,000 visas per year

H-1B Master’s Exemption: 20,000 visas per year

H-1B Cap Exempt Visas

(Higher Ed. + Research): Unlimited

L Visas

• Intracompany Transferee Executive or Manager

• U.S. employers may transfer Executives/Managers (L-1A) or Professional Employees with Specialized Knowledge (L-1B) from one of their affiliated foreign offices to one of its offices in the United States .

• Foreign companies with no affiliated U.S. office may send executives/managers to the U.S. to establish an affiliated U.S. Office (L-1A).

O-1 Visa

• Individuals with Extraordinary ability or Achievement

• O-1A—Sciences, education, business or athletics.

• O-1B—Arts, or extraordinary achievement in motion picture

or television industry.

Green Card (Employment Based)

• EB-1A: Extraordinary ability in the sciences, arts, education,

business, or athletics through sustained national or international acclaim.

• EB-1B: For Outstanding Professors and Researchers with international recognition for their outstanding achievements in a particular academic field.

• EB-1C: For Multinational Manager or Executives employed at foreign firm who will work for U.S. employer affiliate or subsidiary of the foreign entity.

Green Card (Employment based)

• EB-2 National Interest Waiver—waiver of the required Labor Certification: Usually granted to foreigners who have Exceptional Ability and whose employment in the U.S. would greatly benefit the nation—no permanent job offer required.

• EB-3 PERM—Skilled Workers and Professionals: Labor Certification (performing work for which no qualified workers are available in the U.S.) and a Permanent, Full Time Job Offer required.

Green Card

• EB-5 Immigrant Investor Program: Allows Entrepreneurs (and their spouses and minor children) to apply for a green card if: • Make the necessary investment (either $500,000.00 in a Regional Center

or $1,000,000.00 in a new/existing business) in a commercial enterprise, AND

• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

B-1/B-2 Visas

• Allow foreign citizens to enter the U.S. temporarily for business (B-1) or tourism and pleasure (B-2).

• Not allowed under B-1/B-2:

• Study, employment, paid performances, arrival as crew

member, work as foreign press, radio, film and other information media, or permanent residence in the U.S.

I Visa

• Representatives of foreign information media outlet (press, radio, film, etc.);

• Coming to the U.S. to engage solely in this profession; and

• Have a home office in a foreign country.

F-1 Visas

• Study in the United States Universities, Colleges, High schools, and Other Academic Institutions (i.e. language training programs).

• Optional Practical Training (OPT): up to 12 months of full time

practical training after completing degree in the U.S.

• Curriculum Practical Training (CPT): authorization for practical training directly related to field of study during the academic year.

REINHARDT LLP

Andrea Fiocchi, Esq. 44 Wall Street, 10th Floor New York, NY 10005 – USA

Ph: +1 (212) 710-0970 Fax: +1 (212) 710-0971

afiocchi@reinhardtllp.com www.reinhardtllp.com

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