Business Immigration Frequently Asked Questions (FAQs)
IMMIGRATION FAQs
- Q: What types of business immigration cases do you handle? A: I handle a wide range of business immigration cases, including investor visas (EB-5), work visas (H-1B, L-1, E-2), employment-based green cards, and family-based immigration for entrepreneurs and investors.
- Q: Can I apply for a US work visa if I am self-employed? A: Yes, certain visa categories like the E-2 Treaty Investor visa and the L-1 Intracompany Transferee visa allow self-employed individuals to apply, provided they meet the specific requirements for each visa type.
- Q: How long does it take to process an EB-5 visa application? A: The processing time for EB-5 visa applications varies depending on several factors, such as the applicant's country of origin and the overall workload of USCIS. On average, it can take anywhere from 1.5 to 3 years for the entire process.
- Q: What is the difference between an L-1 and an E-2 visa? A: The L-1 visa is designed for intracompany transferees, allowing managers, executives, or employees with specialized knowledge to transfer to a US office of their current employer. The E-2 visa, on the other hand, is for foreign nationals who invest a substantial amount of capital in a US business.
- Q: What is the minimum investment required for an E-2 visa? A: There is no specific minimum investment amount for an E-2 visa. However, the investment must be considered substantial relative to the total cost of the business and must be sufficient to ensure the investor's financial commitment to the business's success.
- Q: Can I bring my family with me on a business visa? A: Yes, most business visa categories allow you to bring your spouse and unmarried children under the age of 21 as dependents.
- Q: Can my spouse work in the US while I am on a business visa? A: The ability of your spouse to work in the US depends on the specific visa category. For example, spouses of L-1 and E-2 visa holders can apply for work authorization, while spouses of H-1B visa holders may be eligible if they meet certain requirements.
- Q: What is the process to apply for an employment-based green card? A: The process typically involves three steps: 1) labor certification (if required), 2) filing an immigrant petition with USCIS, and 3) applying for an immigrant visa or adjusting your status if you are already in the US.
- Q: Can I apply for US citizenship if I have an investor or work visa? A: Holding an investor or work visa doesn't grant you US citizenship directly. However, it can lead to permanent residency (green card), and after meeting the residency and other requirements, you may apply for naturalization to become a US citizen.
- Q: How do I choose the right business immigration attorney? A: Look for an attorney with experience in handling cases similar to yours, a strong track record of success, and positive client reviews. It's also important to choose an attorney who communicates clearly and effectively, and with whom you feel comfortable working.