Understanding the different types of visas allowing a foreign national to work in the USA
Preparing the conversation with the lawyer: the company’s situation at instance t, short and medium-term development projects, profile of the foreign candidate(s)
Being prepared for the candidate eligibility criteria and the demands for justification to be added to the sponsor company’s dossier
Avoiding illegal situations considered federal crimes and capable of leading to a restriction on the foreign national returning to US territory or forbidding them from sponsoring visas for foreign candidates
1. Visas USA: an overview of the opportunities
Selecting a visa for yourself and your employees requires close attention, but it does not have to be complicated. On the contrary: once you have defined your goals and your situation, the choice becomes quite obvious. Click on the image below to download TradeSherpa’s synthetic comparison table.
2. Preparing the 1st meeting with the lawyer: what information is relevant?
Determining the candidate’s profile:
- Nationality:
- Does he / she have multiple nationalities?
- Dooes he / she have multiple valid passports?
- Academic and professional experience:
- What is his / her level of study?
- What is his / her professional experience?
- Is this a person who has national or international renown in his / her field? (publications, journals, awards, etc.)
- Nature of the mission:
- What will his / her position be?
- What will his / her compensation be?
- Presence on American soil:
- Do you plan to send the candidate for a short professional mission or for several years?
- Personal situation:
- Is the candidate coming with his / her family?
- Does his / her spouse wish to work in the USA?
Identifying the sponsor employer’s situation:
- Organization:
- Is the sponsor a non-US company that:
- owns a subsidiary in the USA?
- wishes to create a US entity?
- wants to send an employee to the USA for a specific project?
- Is the sponsor an American company that wishes to recruit non-US employees?
- Is the sponsor a non-US company that:
- Nationality of the sponsor’s ultimate shareholder(s) / owner(s):
- Do 51% of the shareholders have the same nationality?
- In case investment funds are part of the sponsor’s capital, will they be willing to provide proof of their nationality?
- Sponsor’s business with the USA:
- Are there existing business ties between the USA and the sponsor?
- In case the sponsor owns a US subsidiary:
- Does the US subsidiary rent private offices (commercial lease)?
- Does the US subsidiary employ US citizens or non-US citizens?
Analyzing short and medium-term development projects:
- US business plan over the next 5 years:
- What is the forecast revenue generated by the activity in the USA?
- What is the recruiting strategy? Does this strategy include US citizens?
- Strategic plans that will impact the organization within the next 5 years:
- Have you planned external growth such as the acquisition of a U.S. company?
- Do you consider selling the US subsidiary?
- Do you intend to perform a flip (transfer of headquarters from the country of origin to the subsidiary)?
If you plan to send your employees to the USA as you create your US entity, we recommend that you read our practical guide Getting a US Visa or Creating a US Entity: What Should Come First? to better understand how the process for obtaining a visa can impact your business timeline.
3. Obtaining the visa: the steps to follow
In the USA or remotely (by phone, email, etc.):
- Conversation with a law office specializing in immigration
- If necessary, learning more about the different types of visas in existence
- Assembly of the dossier and review of the documents by the lawyer before sending them to the US administration
- Payment of the consular fees and an advance on the lawyer fees
- Review and validation of the dossier by immigration services
In the country of origin:
- Official interview at the United States embassy in the country of origin
- Receipt of the passport/visa if the request is accepted
WANT TO DISCUSS YOUR BUSINESS EXPANSION TO THE USA?
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Whether you are looking for specific experts in the USA, you have operational challenges to address as you grow, or you need to build an expansion plan from scratch with accurate budget estimates and a structured timeline, we are here to help.
Disclaimer: The materials provided in this US Toolbox are for general information purposes only and are not intended to constitute comprehensive or specific legal, accounting, tax, marketing, or other advice. These materials may not reflect recent developments in the law, may not be complete, and may not pertain to your specific situation and circumstances.TradeSherpa, Inc. assumes no responsibility for errors or omissions in the materials, or for any losses that may arise from reliance upon the information contained these materials. Because these materials are intended to provide only general advice, specific advice should be taken from qualified professionals when dealing with specific situations and circumstances.