US Business Immigration Visa Requirements Explained by An Immigration Attorney
Plan to do business in the US? You need to know the permissible activities on an ESTA/B-1 vs. a work permit to understand whether a work visa is required for your needs. That’s why we asked, Senior Attorney at Ellis Porter Immigration Services, Arvinder Ubhi, to explain the business visa requirements for US expansion in this article.
A note that some advice is tailored towards UK recruitment agencies expanding to the US.
About the author: Arvinder manages employment-based work visa and green card cases for large, multinational corporations. Having navigated his own US and Canada work visa applications, he has a personal approach to the challenges faced by businesses expanding to the US.
The ESTA and B-1 Business Visitor Visa USA
If you intend to travel to the USA for business, the ESTA and B-1 visa may be applicable depending on what activities you engage in. They both allow individuals to travel to the US for up to 90 days (ESTA) or 6 months (B-1) for business visitor purposes.
The permissible activities include, but are not limited to:
Attending meetings
Attending trade shows and conferences
Viewing office space
Negotiating contracts
Interviewing potential employees.
Both the ESTA and B-1 strictly prohibit work in the US, even if the work performed is for a non-US client or it will only benefit a non-US client. If you intend to work in the US, you must look at the US business visa requirements for these activities.
L-1 – Intracompany Transfer Visa USA
The L-1 visa is a US business immigration visa which allows companies to transfer key employees to their US entity in an Executive, Managerial, or Specialised Knowledge position.
L-1 visa requirements
To qualify for an L-1 Visa, an applicant must show:
They have worked with your company (outside of the US) for at least 12 months in a qualifying position outlined above.
That they will hold a qualifying position in the US, and that the foreign and US entities have a qualifying corporate relationship.
If the US entity has been “doing business” for less than one year, the L-1 will be classified as a new office L-1, which requires a 5-year business plan, and the validity of the first approval notice is typically limited to just one year.
E-2 Visa – Treaty Investor
The E-2 visa is based on a Treaty of Trade with the US. It allows individuals (i.e applicants) to come to the US to set up or invest in a US entity.
Once the E-2 Treaty Company has been registered with the US Embassy in London, other UK national employees can request an E-2 visa to allow them to work in the US as an Executive, Manager, or Essential Employee.
E-2 visa requirements
To qualify for an E-2 visa, you must show:
The US entity is ultimately owned at least 50% by nationals of a treaty country (the UK is recognized as a treaty country);
You must have invested, or be in the process of investing a substantial amount of capital in an enterprise in the US;
The US business is real and operating; and
The applicant must be seeking a US visa to develop and direct the investment.
E2 visa processing time
A common question by business owners is ‘what is a sufficient timeline to obtain an E-2 visa?’ Four to six months is a good estimate of the E2 visa processing time for the company registration and first applicant. Once the E-2 company has been registered with the US Embassy in London, subsequent employees can obtain E-2 visas within 2-6 weeks.
How much investment is required for an e2 visa?
What is considered a substantial investment for an E-2 visa depends on the business, but generally between $70-$100,000 is a good rule of thumb for recruitment agencies expanding to the US.
What constitutes an investment for an E-2 Visa?
Any amount spent in furtherance of the US entity can be used as an E2 visa investment. However, more practical and common investments for an E-2 visa include:
US office rent
Legal fees
Equipment
Accountancy fees
Professional services fees
Incorporation costs
Website design or re-design
Sponsorship of US conferences/trade shows
Payroll for any US staff.
Do you need an office for an E-2 visa?
No you do not need an office for an E-2 visa, but it can be useful to show the legitimacy of the US entity and its ability to begin trading as soon as the E-2 visa is issued.
How many UK recruitment consultants or employees can you assign an E2 Visa?
In theory, it is unlimited. In reality, where all of the consultants are traveling as essential employees, the US Embassy may question why a large number of employees in similar roles continue to be essential to the US operation, rather than hiring and training local US hires.
You can learn more about E2 visa requirements in PGC’s Scale Up Stateside podcast episode on a UK businesses’ experience of the E2 visa process.
Can Businesses Expanding to the US Use Different Types of Work Visas for Various Employees?
Yes, where UK companies qualify for an E-2 visa and subsequently send several employees to the US on an E-2 visa, they may elect to use an alternative visa category. Other types of US work visas (PGC explain in a simplified infographic) include the L-1 visa or H-1B visa to send other employees who may not qualify for the E-2 visa.
Have Specific US Business Immigration Visa Requirements?
We hope Arvinder’s advice has aided your understanding of the US business immigration visa requirements vs what activities are permitted when travelling to the US on work trips. If you would like to speak through your specific US business visa requirements, reach out to Arvinder Ubhi, for expert US immigration attorney advice.
Don’t Forget PGC When You Need to Payroll Your First US Employee
Afterall... payrolling a US employee can count towards your E-2 visa investment, and that’s exactly what PGC are here for. As the longest serving Employer of Record in the US, you can count on us to compliantly payroll your employees in any state and provide top healthcare benefits plans. We’re ready when you are!
Disclaimer: All information written here is for general informational purposes only and is not intended to be a substitute for professional and/or legal services.
NOTE: Every situation is unique. Make sure to check with USCIS as well as a qualified immigration attorney before deciding on the visa route for you/your employees.