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obrienandassociates.com | @USVisaExpert
US Visa
Options for
Business
If you want to do
business in the USA
you will need a VISA
It’s important that you
approach working in the
US the right way
Visa Waiver may be
adequate initially, but…
Avoid being denied entry on
Visa Waiver at all costs,
because one strike and
YOU’RE OUT
One refusal means a
LIFETIME BAN
on ever using the Visa
Waiverprogramagain
Understanding
Visa Waiver
and the B-1 Visa
What business
IS
permitted?
Permitted business on VW/B-1
• Meetings
• Negotiating contracts
• Consulting with business associates
• Attending a convention/conference
• Short-term training
• Litigation
• After-sales service if a contract exists
• Pre-investment activities
What business
IS NOT
permitted?
• Working
• Managing a business
• Soliciting business, especially if
you’re a principal
• Engaging in work as an consultant
• After-sales service if no contract exists
Business not permitted on VW/B-1
It’s up to
YOU to
PROVE
ELIGIBILITY
Every business visitor should
have written evidence of:
Purpose
of travel
Every business visitor should
have written evidence of:
Invitations to meetings;
receipts for tradeshows
etc.
Purpose
of travel
Ties
outside
the US
Proof of residence
(Personal bank statement
showing salary/mortgage/rent)
€Proof of employment
(Letter from employer)
Every business visitor should
have written evidence of:
Invitations to meetings;
receipts for tradeshows
etc.
If 50% of your time, cumulatively,
is being spent in the US,
you will almost
certainly be
denied entry
on Visa
Waiver
Don’t take that risk!
Seek professional advice,
as you may need a B-1 visa at
this juncture
B-1 Visa: Advantages over Visa Waiver
• More confidence, less questioning
at US port of entry
• Each entry to the US may be up
to 6 months
• May be extended while in the US
• May change to another visa
category while in the US
US Immigration regulations are
tricky and not intuitive
Seek expert advice!
US Immigration regulations are
tricky and not intuitive
US Work Visa
Categories
Intra-
company
transfer
(L-1)
Visas
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
Managers and
Executives (L-1A)
Specialized Knowledge
Workers (L-1B)
Suitable for:
L-1 intra-company transfer Visa
An important visa for foreign companies
with a physical presence in the US
Not suitable for New Hires:
Employee must
have worked with the
non-US company for
at least one year
L-1A Managers and Executives may also
be eligible for permanent residence
(‘green card’) under
a fast-track category
for Multinational
Managers/Executives
L-1 intra-company transfer Visa
E Treaty
Visas
A valuable option for nationals of
countries which have relevant treaties
with the US, including Ireland and the
UK
Nationals of the treaty country
must own at least 50% of the
business
E Treaty Visa
Eligible employees are Managers,
Executives or Essential Skills Workers
who share the nationality of the
company
Unlike the L-1, new
hires may qualify for
E Treaty Visas
E Treaty Visa
Available to foreign companies trading
substantially with the US
E-1 Treaty Trader Visa
What is substantial trade?
A significant volume of US clients
E-1 Treaty Trader Visa
An option for those who have
invested substantially in a
US business
E-2 Treaty Investor Visa
Depends on the type of business -
Most US consulates insist on
$100k minimum
E-2 Treaty Investor Visa
H–1B
Professional
Visa
The H-1B Professional Visa is for degree
holders being sponsored by a US
employer for a professional
position
(one which requires
a degree)
H-1B Professional Visa
This is a heavily regulated category
with an annual quota of:
65,000 visas worldwide
(and an additional
20,000 for holders
of US Master’s degrees)
H-1B Professional Visa
Quota opens
April 1st
Applying early is
essential; this year’s
quota was reached
within one week
H-1B Professional Visa
Chnge is on the
way
Change
is on the
horizon
The US immigration reform bill
was passed by the Senate in June 2013
The US immigration reform bill
was passed by the Senate in June 2013
and is now up for debate in
the House of Representatives
It could mean new visas, higher
quotas and more green cards
To explore your best visa options,
contact O’Brien & Associates
O’Brien & Associates have offices in
New York City Kilkenny, Ireland
For over 15 years, Deirdre and
her team have successfully
delivered US visa solutions to top
companies and individuals.
To ensure your
smooth transition
to the US, call us
today.
Click here to follow us
on Twitter
Click here to find out
more about us
www
IRL: 056-776 7994
US: 212-965 1148
Click here to
download our e-guide
Taking care of your US visa needs
on both sides of the Atlantic
www.obrienandassociates.com
Produced in conjunction with

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US Visa Options for Business