Business Visas

Expanding your business into the U.S. market requires the right visa. We specialize in obtaining various business visas, ensuring that entrepreneurs, investors, and professionals can legally and successfully establish their presence in the United States. Our expertise includes B-1, E-1, E-2, and EB-5 visas, tailored to meet the specific needs of your business endeavors.

The B-1 visa allows individuals to enter the United States for short-term business activities of a commercial or professional nature. At Barutcu Law, we help ensure your application is thorough and meets all necessary requirements.

This visa is ideal for those engaging in activities such as consulting with business associates, attending scientific, educational, or business conventions and conferences, settling estates, negotiating contracts, participating in short-term training, or transiting through the United States.

To qualify for a B-1 visa, applicants must demonstrate:
– The trip’s purpose is to engage in legitimate business activities.
– The stay in the United States is intended to be temporary, with a specific, limited duration.
– Adequate financial resources to cover the trip and stay in the United States.
– A residence outside the United States, with no intention of abandoning it, and strong ties that will ensure return abroad after the visit.
– General admissibility to the United States.

The initial period of stay granted for a B-1 visa is typically between 1 to 6 months, with 6 months being the maximum allowed.

Extensions can be granted for up to an additional 6 months. However, the total duration of stay on any single trip in B-1 status generally cannot exceed 1 year.

Dependents (spouses and children) of B-1 visa holders are not eligible for a dependent visa. Each dependent must apply separately for a B-2 visa, which covers tourism, and must adhere to its specific regulations.

The E-1 visa classification allows nationals from treaty countries to enter the United States for the purpose of engaging in substantial trade. This trade can include goods, services, banking, insurance, tourism, and technology. Employees of qualifying treaty traders may also be eligible for this classification.

If you are currently in the United States on a different nonimmigrant visa, we help you apply for a change of status to E-1 by filing Form I-129. Similarly, we can help employers file Form I-129 to change the status of their employees to E-1 if they are already in the United States legally.

Certain nonimmigrant visa classifications, including those seeking E-1 status, can expedite their application process by filing Form I-907, Request for Premium Processing Service. This service allows applicants to receive a decision from USCIS within 15 calendar days. Utilizing premium processing can significantly reduce the waiting period, providing a quicker resolution for urgent or time-sensitive cases.

Barutcu Law assists clients in obtaining their E-1 visa through U.S. consulates in their home countries. We guide you through the process of filling and filing the necessary forms, such as DS-156E and DS-160, along with the required supporting documents. Our comprehensive support ensures that your application is complete and correctly submitted, increasing your chances of successfully obtaining the visa. Once granted, you can seek admission to the United States at a port of entry as an E-1 nonimmigrant.

To qualify as an E-1 treaty trader, you must:
– Be a national of a country with which the U.S. maintains a treaty of commerce.
– Engage in substantial trade, defined as a continuous flow of numerous transactions over time.
– Ensure that more than 50% of your trade is between the U.S. and your home treaty country.

Trade can encompass various sectors, including goods, services, banking, insurance, transportation, tourism, and technology. The focus is on the volume and consistency of trade rather than the value of individual transactions.

Employees of E-1 treaty traders must:
– Share the same nationality as the principal treaty trader.
– Be engaged in executive, supervisory, or essential skills roles.
– Work for an enterprise that is at least 50% owned by nationals of the treaty country.

Executive and supervisory roles involve significant control over the business’s operations, while essential skills roles require specialized expertise that is crucial to the business.

Initial approval for E-1 visa holders is granted for up to two years. Extensions can be requested in two-year increments, with no limit on the number of extensions, provided the E-1 nonimmigrant maintains an intent to leave the U.S. when their status ends. Travel outside the U.S. can lead to an automatic two-year readmission period upon return.

Treaty Traders can only work in the activity for which their visa was granted. However, employees of a Treaty Trader may also work for the treaty organization’s parent company or its subsidiaries.

Spouses and unmarried children under 21 years of age can accompany or join the E-1 visa holder. Their nationality does not need to match that of the principal visa holder. They can apply for E-1 dependent status and, once approved, typically receive the same period of stay as the E-1 principal. Spouses of E-1 visa holders are eligible for work authorization.

The E-2 visa classification allows nationals of treaty countries to enter the United States to invest a substantial amount of capital in a U.S. business. This classification also extends to certain employees of the investor or a qualifying organization.

If the treaty investor is currently in the United States on a different nonimmigrant visa, they may apply for a change of status to E-2 by filing Form I-129. Similarly, employers can file Form I-129 on behalf of their employees to change their status to E-2 if they are already in the United States legally.

Certain nonimmigrant visa classifications, including those seeking E-2 status, can expedite their application process by filing Form I-907, Request for Premium Processing Service. This service allows applicants to receive a decision from USCIS within 15 calendar days. Utilizing premium processing can significantly reduce the waiting period, providing a quicker resolution for urgent or time-sensitive cases.

Barutcu Law assists clients in obtaining their E-2 visa through U.S. consulates in their home countries. We guide you through the entire process, helping you fill and file the necessary forms, such as DS-156E and DS-160, along with the required supporting documents. Our comprehensive support ensures your application is complete and correctly submitted, increasing your chances of successfully obtaining the visa. Once granted, you can seek admission to the United States at a port of entry as an E-2 nonimmigrant.

To qualify for E-2 classification, the treaty investor must:

– Be a national of a country with which the United States maintains a treaty of commerce and navigation.

– Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.

– Seek to enter the United States solely to develop and direct the investment enterprise, demonstrated by at least 50% ownership or operational control through a managerial position or other corporate device.

Investment involves placing capital, including funds and/or other assets, at risk with the objective of generating profit. The capital must be subject to partial or total loss if the investment fails and must not be obtained from criminal activity.

A substantial amount of capital is defined relative to the total cost of purchasing or establishing the enterprise, sufficient to ensure the investor’s commitment to successful operation, and proportional to the size of the enterprise.

A bona fide enterprise is a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit and meets legal requirements for doing business in its jurisdiction.

An enterprise is not considered marginal if it has the capacity to generate more than enough income to provide a minimal living for the investor and their family. New enterprises should have the capacity to generate such income within five years of the investor’s E-2 classification.

Employees of E-2 treaty investors must:
– Share the same nationality as the principal treaty investor.
– Meet the definition of “employee” under relevant law.
– Engage in executive, supervisory, or essential skills roles.

An enterprise must be at least 50% owned by nationals of the treaty country, who either maintain nonimmigrant treaty investor status or would qualify as such if seeking admission.

Executive and supervisory roles involve control over the enterprise’s operations, while essential skills roles require expertise critical to the business.

Initial approval for E-2 visa holders is granted for up to two years. Extensions can be requested in two-year increments, with no limit on the number of extensions, provided the E-2 nonimmigrant maintains an intent to leave the U.S. when their status ends.

Travel outside the U.S. can lead to an automatic two-year readmission period upon return, provided the individual is deemed admissible by U.S. Customs and Border Protection.

E-2 visa holders can only work in the activity for which their visa was granted. However, they may also work for the treaty organization’s parent company or its subsidiaries.

Spouses and unmarried children under 21 years of age can accompany or join the E-2 visa holder. Their nationality does not need to match that of the principal visa holder. They can apply for E-2 dependent status and, once approved, typically receive the same period of stay as the E-2 principal. Spouses of E-2 visa holders are eligible for work authorization.

The EB-5 Program, administered by USCIS, offers a pathway to lawful permanent residence (Green Card) for investors and their immediate family members (spouses and unmarried children under 21) who make a qualifying investment in a U.S. commercial enterprise and create or preserve at least 10 permanent full-time jobs for U.S. workers.

To qualify for the EB-5 visa, you must meet three main criteria:

Investment of Capital: Invest a specified amount of capital in a new commercial enterprise.

New Commercial Enterprise: A new commercial enterprise refers to any for-profit activity formed for the ongoing conduct of lawful business. This definition excludes non-commercial activities such as owning and operating a personal residence.

Job Creation: The investment must lead to the creation of full-time jobs for at least 10 qualifying employees. These jobs can be:

Capital can include cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor.

The minimum investment amounts are:

Standard Minimum Investment: $1,050,000

Targeted Employment Area (TEA) Investment: $800,000 (for rural or high-unemployment areas) Targeted Employment Areas (TEA) is defined as: Rural Areas: Areas outside metropolitan statistical areas or towns with populations over 20,000. High-Unemployment Areas: Areas with unemployment rates at least 150% of the national average. Regional Centers: Investing through a regional center can simplify the process as it allows for indirect job creation and often involves pooling investments for large projects. Regional centers facilitate investment in infrastructure and other public works projects administered by governmental entities.

At Barutcu Law, we assist clients through every step of the EB-5 application process, including:
– Guiding you in selecting a suitable commercial enterprise
– Helping you prepare and file Form I-526, Immigrant Petition by Alien Investor
– Assisting with the collection and submission of required supporting documents
– Ensuring compliance with all USCIS regulations and requirements

Once the petition is approved, we support you in filing for conditional permanent residence and, after fulfilling the job creation requirement, applying for the removal of conditions to obtain full permanent residence.