types of visas – consular processing jeff ghouse associate fulbright & jaworski llp

Types of Visas – Consular ProcessingJeff GhouseAssociateFulbright & Jaworski LLP

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Common Nonimmigrant Visas in Business Context• B-1/B-2: Visitor Visa

• H-1B: Specialty Occupation Visa

• L-1: Intracompany Transfer

• E-1/E-2: Treaty Trader/Investor Visas

• TN: NAFTA Professional Workers

Types of Visas – Consular Processing

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B-1/B-2: Business/Tourism• Used for Business Visitors and Tourism

• Business Visitor: Meetings or Training

– The purpose of the trip is to enter the United States for business of a legitimate nature

– Individual plans to remain for a specific limited period of time (< 6 months)

– Individual has the funds to cover the expenses of the trip and the stay in the United States

– The individual has a residence outside the United States with no intention of abandoning, as well as other binding ties which will ensure individual returns abroad at the end of the visit

– Individual is otherwise admissible to the United States (No criminal record, etc.)

• Tourism: Tourism or Vacation

• Accompanying Domestic Servants: Require Work Authorization

• 10 Year Validity / Reciprocity Limit


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H-1B: Professionals• Must Demonstrate Qualifications (i.e., Professional)

• Copies of Passport, Visas, Approval Notices, Etc.

• Original Approval Notice from USCIS

• Visa Fees

• 3 Year Validity (to Match USCIS) / Reciprocity Limit


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L-1: Intracompany Transferee• L-1 – Generally

– Foreign affiliate has qualifying relationship

– Employed by foreign affiliate for 1 year in past 3

– Special procedures for new offices

• L-1B – Specialized Knowledge Professionals

– Must demonstrate the individual has specialized, proprietary knowledge

– Either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures

– Key Factors:

– Showing system/process/procedure is unique to Petitioner

– Showing Beneficiary is unique in knowledge of above

• L-1A – Managers/Executives

– Executive capacity: Employee’s ability to make decisions of wide latitude without much oversight.

– Managerial capacity:

– (A) Employee’s ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.

– (B) Employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

• Reciprocity Limit Validity


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L-1: Blanket Program• 3 or More Related Entities Internationally

• Qualifications of Petitioner:

– Must have obtained at least 10 L-1 approvals during the previous 12-month period;

– Must have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

– Must have a U.S. work force of at least 1,000 employees.

• Cannot file for Startup Offices (<1 Year in U.S.)

• Procedure:

– File Petition with USCIS showing corporate relationships

– After approval, prepare petition for presentation to U.S. Embassy/Consulate abroad

• Consulate May Require Demonstration of Foreign Affiliate Operations

• L-1B: Must Be Professional to Apply with Blanket

• 3 Year Validity / Reciprocity Limit


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E-1/E-2: Treaty Trader/Investor• Treaty between U.S. and Foreign country

– Foreign owner of U.S. company is national of treaty country

• Substantial Trade or Investment

• Employee is national of treaty country

• Executive, Manager or Essential employee

• 2-5 years in visa status

• 2 year extensions without maximum duration


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TN: NAFTA Professional Workers• Canadian and Mexican citizens

• Professional positions

• Listed on NAFTA list of professions

• No cap

• Apply at Port of Entry (Canada) or US Consulate (Mexico)


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Types of Visas – Consular Processing10

types of visas – consular processing jeff ghouse associate fulbright & jaworski llp

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