There are several ways to send an employee to work in the USA. For each option (US visa), you will need to weigh up the requirements, the advantages and the risks involved in successfully obtaining the visa.
L-1B visas for exceptional employees
L-1B visas permit a stay of 1 year or more, with the option of extension, and allow the holder to work only for the specific employer that applied for the visa. The requirements are: Before the employee can obtain this visa, they must have worked for at least a year at a sister or parent company of their future US employer in a country other than the USA the employee must receive at least the minimum salary appropriate to their role and the location in which they work the employee must demonstrate specialist knowledge (“Specialized knowledge”). This Specialized knowledge cannot merely be something special within the company; it must be special across the entire relevant industry or sector in the USA, such that the US branch could not find a comparable employee among US citizens and would suffer serious and insurmountable harm without one. The aim is to make companies recruit primarily from among US citizens and to employ foreign nationals only where failing to do so would cause them substantial harm
L-1A visas for managers
The requirements are similar to those for the L-1B, so we will not repeat them in full. The key ones are a salary appropriate to the position and location, and at least one year’s employment at a subsidiary or parent company in another country. Instead of Specialized knowledge, however, you must show that the company has employees (US citizens) whom you will manage.
H-1B work visas
H-1B visas permit a stay of 1 year or more, with the option of extension, and allow the holder to work only for the specific employer that applied for the visa The requirements are: the employer must register for H-1B recruitment on 1 March of the relevant year, if the employer qualifies to recruit on H-1B visas, the actual petition is then filed on 1 April of the relevant year, the applicant must receive at least the minimum salary appropriate to their role and the location in which they work, the number of H-1B visas issued each year is capped by a quota, if there are more H-1B applicants than the annual quota allows, the visas are allocated by means of two lotteries. The first lottery allocates 20,000 H-1B visas to employees holding a master’s degree from a US university (6 or more years of study). The second lottery allocates 50,000 H-1B visas to applicants with a US master’s degree who were not selected in the first lottery, and to university graduates who can demonstrate specialist knowledge (“Specialized knowledge”). Once an applicant has been selected in the lottery, an assessment follows of whether they possess Specialized knowledge. Applicants with a bachelor’s degree or no university education at all are less likely to succeed in proving Specialized knowledge, even if selected in the lottery.
| Druh víz | Cena |
|---|---|
| H-1B L1 E2 | 4.850 EUR |
| EB5 | 19.450 EUR |
| B1 | 600 EUR |
| Konzultácia | 200 EUR |
E-2 investor visas
E-2 visas permit a stay of 1 year or more, with the option of extension The requirements are: – An investment of $60,000 or more in a US company – The investment must be made in an active business (so not in property, shares or bonds) – The investor should ideally own at least 50% of the company, although in some cases a 10% stake is also acceptable
E-2 visas for employees, derived from the investor
If this option interests you, the investor must first obtain an E-2 visa; the employee must then meet requirements similar to those for an L-1B or L-1A visa, although they are less stringent for E-2 visas.
B1 business visas
B1 visas permit repeated stays in the USA of up to 6 months at a time over a 10-year period. On this visa, the holder may carry out the following activities: • Installing, testing, inspecting, servicing or repairing commercial or industrial equipment or machinery sold by a company outside the USA to a US buyer, where the sales contract expressly requires this; construction work is not permitted. • Attending a training programme whose main purpose is not to provide employment • Observing or inspecting how a business, enterprise or professional practice is run • Exploring investment opportunities in the USA without performing productive work or being actively involved in running a business • Researching possible business premises (offices, warehouses, land) • Speaking or lecturing at an event • Working for a foreign exhibitor on exhibits at international trade fairs or exhibitions, provided the visitor’s job is based outside the USA. • Organising and attending business meetings and negotiations • Carrying out statutory duties as a board member of a US corporation • Purchasing supplies or goods • Recruiting and hiring staff • Negotiating or signing contracts, or taking orders for products made outside the United States • Attending conventions, conferences, trade shows or business events for scientific, educational, professional or commercial purposes • Settling an inheritance or estate • Carrying out independent research (research for which you are not paid from US sources). Each of these activities can be explained in greater detail according to how USCIS interprets them and its case law. Let us know which are relevant to you, and we will send you more detailed information with the relevant USCIS interpretation or case law (USCIS is the US immigration authority, broadly comparable to the Home Office in the UK).
Many other activities are permitted besides those listed, although they are unlikely to concern you – for example, a musician performing at a concert without payment from US sources. What these activities have in common is that they are not remunerated from US sources and are one-off or short-term.
To obtain this visa, you must explain why you need to stay in the USA for longer than 3 months (if you cannot, you should enter on an ESTA instead). For instance, you might be taking a 4-month holiday with a fully paid hotel booking covering the entire 4 months. As well as proof of accommodation, you must show that you have sufficient funds for the whole stay, in the form of a bank balance or credit card – for example $5,000 per month, or $20,000 for 4 months