Business Immigration

The United States has immigration laws that allow foreign citizens to immigrate to the U.S. if they have talents and skills that can be put to productive use in the country. There are two categories of business visas: non-immigrant temporary business visas and immigrant permanent residence business visas.

Non-immigrant Temporary Business Visa

A foreign national seeking entry into the United States for the purpose of conducting temporary business needs a Visitor Visa known as a B-1 Visa. Temporary business can involve anything from needing to attend business meetings or conferences to negotiating contracts to settling estates.

The United States Congress has created more than 20 distinct non-immigrant visas, each with its own name and type. These visas are designed to meet the U.S. economy’s needs and can be used for employment, although under strict regulations. The duration of stay must be specifically defined, and visitors must show that they intend to return to their home country following the temporary visit.

Visitors with work permissions are typically sponsored by an employer based in the U.S. The employer must have made a specific job offer and the visitor can only work for that particular employer during their stay. When applying, these non-immigrant business visitors go through various screening processes before entry. Determination of eligibility is made by the State Department Consular Officer, who considers which category matches the visitor’s purpose and whether all criteria have been met.

Immigrant (Permanent Residence) Business Visa

There are permanent resident business visas that Congress has prioritized based on the needs of the United States economy and employers. There are annual limits and country limits, but once approved, these “green card holders” have a right to live and work in the country indefinitely. If they commit a crime or other qualifying offense, however, they may be deportable.

Employers typically sponsor these business immigrants by demonstrating a need for a particular skill or talent.

In most cases, the Department of Labor must certify that the skill or talent being sought cannot be satisfied by U.S. workers or that they are not willing to do that particular work. The Department has an interest in ensuring that allowing a business immigrant into the country will not hurt the wages and working conditions of U.S. workers doing similar work.

However, business immigrants who can show they have an extraordinary talent or ability in their field may be exempt from this requirement. National interest can also be an argument for issuing a business visa.