The pursuit of professional and business opportunities in the United States is a common goal for many global talents. With its robust economy and diverse opportunities, the United States attracts professionals and entrepreneurs from all over the world. In an informative talk at Millennia Atlantic University’s School of Business, immigration expert José de Wit offered an in-depth view of the available work visa options. This blog post delves into the details of these options, providing a comprehensive guide for those looking to explore opportunities in the United States.
Exploring Work Visa Opportunities in the United States: A Detailed Guide for Professionals and Entrepreneurs
Why Choose the United States?
The United States is not only the world’s largest economy but also a center of innovation and opportunities. For professionals and entrepreneurs, it represents fertile ground for growth and success. However, the process of obtaining the right visa can be daunting. José de Wit, with his experience and knowledge, breaks down this process, offering a clear and practical perspective for navigating the U.S. visa system.
H-1B Visas and Labor Certifications
The H-1B visa is one of the most well-known routes for specialized professionals looking to work in the United States. Although the number of H-1B visas is limited and assigned through a lottery system, it offers a valuable opportunity to work in the U.S. for up to six years, with possibilities for renewal. De Wit emphasizes the importance of careful and strategic planning, especially for students looking to turn their education in the United States into a long-term career. He also discusses labor certifications, another pathway to obtain a work visa, generally requiring an employer’s sponsorship.
Talent Visas and Self-Sponsorship
For those with exceptional skills, such as entrepreneurs, artists, and distinguished professionals, there are visa categories that allow self-sponsorship. The O-1 visa, for example, is designed for individuals with extraordinary abilities in their field. De Wit explains that this visa is an excellent option for those who can demonstrate a significant impact in their area of specialization. Additionally, the L-1 visa is ideal for key employees of multinational companies looking to transfer to an office in the United States. These visas offer flexibility and recognize a wide range of talents and contributions.
National Interest Waiver and Green Cards
An intriguing option for professionals is the National Interest Waiver, part of the EB-2 residency category. This pathway allows certain professionals, such as leaders in nationally significant projects, to apply for permanent residency (green card) without the need for labor sponsorship. De Wit highlights that this option is particularly valuable for those whose work has a significant and beneficial impact on the United States, offering a direct route to permanent residency.
Investment Visas and Residencies
The E-2 visas and the EB-5 residency category represent opportunities for entrepreneurs and investors. These options are based on the investment of personal funds in businesses in the United States. De Wit clarifies that these visas can be complex but offer a unique opportunity for those willing to invest in the U.S. economy. The E-2 visa is ideal for investors who wish to be actively involved in their business, while the EB-5 is perfect for those seeking a path to permanent residency through significant investments and job creation.
Tips for International Students
De Wit underscores the importance of strategic planning for international students. From choosing a field of study to taking advantage of opportunities like the OPT and CPT work permits, each decision can open or close doors to a career in the United States. He advises international students to carefully consider their options and seek advice to maximize their chances of success in the United States.
José de Wit’s talk at Millennia Atlantic University’s School of Business provided a comprehensive and detailed view of work visa options in the United States. For professionals and entrepreneurs worldwide, these opportunities represent a path to success and fulfillment in one of the world’s most dynamic markets. With the right guidance and careful planning, the doors to the United States are open to those with talent, vision, and the willingness to pursue their dreams.
About the Author
José de Wit is a Miami-based immigration attorney specializing in work and investment visas. A graduate of the University of California, Berkeley, and with a personal history of immigration, De Wit offers a unique and expert perspective in the world of business and professional immigration.
Contact and Social Media
For more information about José de Wit and his services, visit his profile on LinkedIn, Instagram, Facebook, and TikTok. Connect for regular updates and expert advice on immigration and visas.
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Transcript of the Conference:
As Jairo said, my name is José de Wit and I am a founding partner of The White Immigration. We are exclusively dedicated to business immigration, that is, to American employers who need visas and residencies for their employees, and to foreign investment professionals who wish to come to the United States based on their resume. I will tell you a little about the main options that exist in these categories of visas and residencies.
First of all, why? Why would someone want a visa or residency in the United States? Some people may desire it for preference or lifestyle, because they are seeking educational opportunities for their children in the United States, or due to the situation in their country of origin, seeking security or a plan B.
But, more than anything, this allows professionals to access the world’s largest economy. Visas have a limited duration, which can range from one year to ten years, and are renewable, in some cases indefinitely and in others, a limited number of times. In the labor field, visas generally require the sponsorship of an employer.
In some limited cases, there are visa categories that allow self-sponsorship or almost self-sponsorship, ideal for an entrepreneur who does not have a job offer from an external employer. So, what are the advantages and disadvantages of visas compared to residency? Normally, processing a visa is much faster than a residency and also presents more accessible criteria for applicants.
Thus, a person who today does not qualify for a residency can obtain a visa to come to the United States more quickly than a residency or qualifies for a visa today but not yet for a residency, and can start working here while accumulating the requirements to eventually stay permanently with a green card.
Moving on to the topic of residency, these are permanent. A person who has a green card, once they obtain residency, is a permanent resident. There are labor residency options with and without employer sponsorship. They offer work permits to all spouses and minor children; if they obtain residency while being minors under 21 years old, they remain residents even after turning 21.
Holders of certain residency categories do not lose the right to live and work in the United States upon reaching the age of majority. Some categories require the sponsorship of an external employer. That is, a good-faith job offer is needed. For some visa categories, this is a main requirement. A visa holder cannot opt for this if they own the company, have a significant stake in it, or if it is a family business, as it is understood that this applicant would probably have preference over other people in the labor market.
There are other options where a job offer is also required, but this can be from a company in which the applicant owns or has a significant economic stake. These options, although requiring an employer’s job offer, facilitate visas for entrepreneurs or people with a business project.
Finally, there are categories that explicitly allow self-sponsorship, where an individual or professional can submit their own application without the need for an external job offer, based solely on their merits as a professional and on the proposal they plan to carry out.
The H1B visa allows its holder to live and work in the United States for a maximum of six years, in terms of three years and can be renewed once more. The main requirement is to have a bachelor’s degree in a specialized field. Early planning is important for students, as some careers open many opportunities to apply for this visa, while others completely close the doors.
As a personal example, when I came to study in the United States, I was initially studying philosophy, a career that is not in demand in the labor market. If I had finished that career, it would have been impossible to obtain an H1B visa. Finally, I graduated in journalism and worked for a newspaper that sponsored me.
Regarding the residency options that also require employer sponsorship, there is the labor certification residency category. Like the H1B, it requires the existence of a job offer. There must be an employer offering a vacancy to the general public.
Residency is a bit more flexible than the H1B visa, in the sense that it can work for applicants with any type of university degree, or even for people without a university degree, based on their experience. However, there must be a correspondence between the minimum requirements of the vacancy and the person’s resume, experience, and education.
It is important to take into account that in the process of H1B visas there is a limited number that can be issued each year, and these are assigned by lottery. The lottery takes place in March, the results are generally announced in April, and are to start working from October 1st. Students with a master’s degree receive preference in this lottery. Students with a bachelor’s degree have fewer chances, but in the last year, approximately 30% of those who applied in the lottery had the opportunity to apply for a visa.
The residency process, although open to a wider range of applicants, is much longer. Currently, it requires several phases with the Department of Labor first and then with Migration. All the steps related to labor certification are taking between 18 and 24 months.
Moving on to visa categories that require employer sponsorship but are more flexible because the applicant can have a stake in that company, let’s talk about the O-1 and L-1 visas. The O-1 visa is a visa for exceptional ability or talent and is temporary. Like the H1B, it is initially issued for a period of three years and can then be renewed in terms of one year. It recognizes talent in artistic, business, scientific, and sports fields.
As for what it means to have talent or exceptional skills, there are two different standards: one for talented applicants in the arts and another for those talented in business, science, sports, or other fields. For artists, obtaining an O-1 visa is more accessible, as the terms used in regulations and laws are “achievements of a very high level” and “skill or recognition beyond the common,” which are subjective and therefore, a bit more accessible than what is required for someone applying for an O-1 visa as an entrepreneur.
To obtain an O-1 visa, the applicant must demonstrate that they are among the small percentage that has reached the top of their field. I don’t know exactly how small that percentage must be, but the expectation is that the person demonstrates being an elite entrepreneur. Then, it becomes a matter of defining what the specific field is.
Sometimes, what we do is narrow the field to demonstrate that someone is among the best entrepreneurs in the world in all fields, which is difficult. But if we talk, for example, about the field of Venezuelan entrepreneurs in agriculture, proving that one is the best agricultural entrepreneur in Venezuela is easier than proving to be the best entrepreneur in the world.
To obtain an O-1 visa, we can use awards and recognitions. We also work a lot with startup founders who have received investment funds or letters of recommendation from experts in the field, or from people who have worked with them.
Another important aspect is to participate prominently in organizations, projects, or works that are prestigious or renowned, and other significant contributions of the person in their field. We also have the L1 visa, which is for key employees of multinational companies. The premise is that if the person has worked for one of the multinational’s foreign subsidiaries for at least one of the last three years, the company can transfer them to the United States.
This visa is limited to three types of employees:
executives, high-level managers (where high level means supervising at least two levels of stratification below oneself or supervising professionals or people with university degrees who are performing more sophisticated functions), and employees with specialized knowledge, who are those with a deep knowledge of the company and its processes, and who have played an important role in the success of the company abroad.
The L1 visa is normally issued for three years initially if the company is already established in the United States, or for one year if it is a new venture in the United States, and can then be renewed in terms of two years up to a maximum of seven years. In addition, we have some residency and visa categories that explicitly allow the self-sponsorship of a foreigner, and one of them is residency.
The EB-2 National Interest Waiver residency category has as its main requirements usually a Master’s degree or a Bachelor’s degree with five years of experience after the bachelor’s degree. In addition, one must have a professional proposal that brings a significant benefit to the country and that the professional trajectory of the person demonstrates that they can carry out this project.
Finally, we have investment categories, such as the E-2 visa and the EB-5 residency category, which are based on the investment of personal funds of the applicant for a commercial purpose. Generally, it cannot be a passive or speculative investment, like buying an apartment, but it must be to find a company that generates employment and offers services and products to the public, or to buy an existing company with that purpose.
The E-2 visa is again a temporary visa that is generally issued for terms of five years, although there is some variation depending on the nationality of the person. Most cases are for terms of five years and require the investment to form or buy a commercial venture. The main limitation is that it is restricted to people of certain nationalities, specifically from countries that have a bilateral treaty with the United States that allows this type of investment visa.
What type of investment is needed? It is often heard that it must be an investment of $100,000, but this is inaccurate. The investment must be significant, which can mean different things depending on the case. It must be sufficient to carry out the proposed venture, in a project that generates employment, sells products or services to the public, and generates profits. It is required that the funds be disbursed before submitting the application. If a new venture is being opened, the money must be spent on inventory, machinery, a few months of prepaid rent for the premises, start-up expenses, or if another company is being bought, it must be disbursed to the person selling it.
It is very important to document that the origin of the funds is lawful. As I mentioned, the nationality of the person is important. Another requirement, which is not explicitly in the requirements of the E-2 visa but is advisable, is that it should generate employment for others. There is no specific number of how many employees, but the concept is to avoid marginality.
The company must generate enough profits not only to keep the investor afloat but also others. Therefore, indirectly, what is easier to demonstrate is that if one is hiring other people and paying them a salary, it is because the company is generating enough to support them as well.
The E-2 visa can be issued in two important modalities: as an investor or as an employee of the company. This employee can be an executive, a manager, or what is called essential personnel, similar to what is mentioned with the L1 visa. They are people who contribute some special knowledge to the project.
The investor does not necessarily have to work in the day-to-day of the company but must contribute the funds and participate, at least, in the direction of the company. However, a person can obtain an E-2 visa without being the investor or contributing investment funds, as long as at least 50% of the company’s partners are of the same nationality as the employee. The employee can occupy some of these positions, either as essential personnel, manager, or executive.
In the “Big Leagues” we have the EB-5 investment residency. This does require a specific investment amount, which is $800,000 or $1,050,000, depending on whether the company meets certain requirements. It must generate at least ten new jobs. If it is a new venture, it must hire ten people. This is demonstrated if it is an existing company, either by creating ten additional positions or if it can be demonstrated that the company was on the verge of bankruptcy when the investor bought it and was generating losses, then perhaps it can be argued that the ten existing employees were rescued.
In that case, then, this requirement can be met. There are two programs: the Direct Investment program and the Regional Center program. Direct Investment is quite similar to the E-2 visa, in the sense that it is an investment venture of the investor. They have a project and want to open or buy a company. Such a company must generate and document with names and surnames of the ten workers who were hired for that project. It has the limitation that each company can support a maximum of one investor.
As for if there are two investors, each with an investment of 1 million dollars, each one would have to invest in a different direct investment, even if it is in the same company. It would be interesting even for a person who comes with an E-2 visa, invests a smaller amount, and, over time, invests more and more, generating jobs and, eventually, could access an EB-5 residency later on. In essence, the Regional Center program is a kind of society or fund based on the investments of several investors. It combines these investments and then uses them to capitalize large projects, normally construction projects, such as universities, convention centers, or hotels. It has an interesting feature, and that is that it is the only option to access a migratory status in the United States with a passive investment since the investor gives their funds to the regional center and the regional center takes care of everything else. The investor waits, while with the E-2 visa or the direct EB-5 program, it is expected that the investor will be involved in the management of the business.
I would like to emphasize again, speaking of students, that the most important thing is planning. There are crucial decisions, such as choosing what to study and how to use the work permit period or internships. This can be strategic to open different doors for the student once they graduate and want to stay to work in the United States.