Author name: Jane Lee

Using the B-1 Visa in Lieu of the H-1B Visa: Pros and Cons

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Using the B-1 Visa in Lieu of the H-1B Visa: Pros and Cons (December 13, 2012)

A B-1 business visitor visa is a nonimmigrant visa issued to those who visit the US for limited business purposes[5]. Ordinarily, the B-1 visa is not available for those who wish to engage in gainful employment within the US.[6] An H-1B visa, on the other hand, would be an appropriate visa category to allow certain specialized workers to work within the US. The U.S. government has drawn the line for permissible business activity under the B-1 visa as conduct that “is incidental to work that will principally be performed outside out the United States.”[7]  Examples of permissible business activities include attending conventions, conferences, and providing consultations[8].

However, the B-1 visa has an exception explicitly carved out by the Department of State (DOS), which states that “there are cases in which aliens who qualify for H-1 or H-3 visas may more appropriately be classified as B-1 applicants in certain circumstances.”[9] For example, a qualified H-1 visa applicant coming to the United States to perform H-1 services on a temporary, short-term basis typically lasting no longer than six months.

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Naturalization 101

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Naturalization 101 (September 23, 2012)

When a non-citizen wants to become a United States citizen, that person must undergo a process known as naturalization. There are many benefits in becoming a U.S. citizen. A U.S. citizen can travel more freely; he can vote; and he can apply for more jobs, including government positions. Citizens are more eligible to apply for public benefits such as full Social Security, Supplemental Security Income, food stamps, and have access to certain loans, mortgages and scholarships. Finally, U.S. citizens would not be subject to deportation or removal proceedings.

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EB-5 Investor Visa Overview

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EB-5 Investor Visa Overview (May 31, 2012)

Twenty two years ago, the United States began to allow investment-based immigration to the US. Investment-based immigration occurs through the EB-5 visa program, which grants conditional permanent residency to immigrants and their families over a two-year period. The immigrant investor must 1. invest $1,000,000 in a new commercial enterprise in the United States, 2.create or preserve at least 10 full-time jobs for qualifying US workers via that enterprise and 3. maintain that business for two years.

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