About Business Immigration to the USA
- According to INA Act 203(b)(1)(A), (B) and (C), a priority worker "has extraordinary ability in the sciences, arts, education, business, or athletics," "is recognized internationally as outstanding in a specific academic area" or is a "multinational executive or manager... who seek(s) to enter the United States in order to continue to render services to the same employer" for whom he has been working outside of the United States.
- According to INA Act 203(b)(2)(A), these visas are available "to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the United States." The act further explains that just having certification "shall not by itself be considered sufficient evidence of such exceptional ability." Alien physicians may apply for temporary visas, but after five years in the United States may apply for permanent residence status.
- Under INA Act 203(b)(3)(A), skilled workers, professionals and other workers capable of performing jobs "for which qualified workers are not available in the United States" may apply for business visas. However under sub-paragraph (C), "An immigrant visa may not be issued ... under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor" that no workers are available in this capacity within the United States.
- Under INA Act 203(b)(5)(A), "Visas shall be made available ... to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise." Further conditions include that the business "will benefit the United States economy and create full-time employment for not fewer than 10" persons legally entitled to work. Subparagraph (B) establishes that "Not less than 3,000 of the visas made available under this paragraph ... will create employment in a targeted employment area... a rural area or an area which has experienced high unemployment." Subparagraph (C) states that "the amount of capital required under subparagraph (A) shall be $1,000,000."
- You can file for a visa online at https://efiling.uscis.dhs.gov/efile/. You need to set up an account with a user name and password, and you can save your application information as you go. The program has prompts to guide you, but you must know which visa you are applying for and which forms are necessary. Find extensive visa information at the U.S. Citizenship and Immigration Service's website at uscis.gov.
Priority Workers
Professionals with Advanced Degrees
Skilled Workers
Employment Creation
Visa Application
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