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Business Immigration

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During its entire history, the United States has been a magnet for creative people from all over the world. Not only we call our great country a melting pot, the US is certainly a melting pot that allows people creative and with high tolerance for risk to be on the top of the stew that melts in that pot. In the US, it is widely understood and generally accepted that, in our era of globalization, the country needs a constant inflow of creative fresh blood to remain competitive in the world’s markets.

The immigration system of the US has been built with that idea in mind. While it may be hard or downright impossible for an unskilled person to immigrate into the US legally (aside from being admitted into the US for some humanitarian reasons), successful business people, global investors, renown scientists, famous athletes, talented engineers, highly skilled workers and even religious leaders are provided with multiple avenues for coming into the US legally, and, in some cases, even without a sponsoring employer. There are plenty of charlatans crisscrossing Russia, Ukraine, Kazakhstan and other countries of the former Soviet Union promising unsuspected “would be” immigrants an easy and trouble-free immigration to the US. Folks, beware. Most of these people (if not all) are not licensed attorneys and cannot by law offer any legal services, leave alone immigration services. They might teach you how to defraud the US immigration system, but this usually ends up tragically – not only will you lose your money, you might end up deported or even in jail. Thus, my advice to you is not to rely on charlatans, but rather on reputable and trusted attorneys, like the attorneys of my firm, Spektor & Tsirkin.

My name is Vladimir Tsirkin, and I am a principal attorney at Spektor & Tsirkin, an established full-service IP, technology and business immigration law firm with offices in New York and New Jersey. At Spektor & Tsirkin, we help geniuses from all over the world, and, particularly, residents of the countries of the former Soviet Union, to protect their intellectual property rights in the US, and to come to the US for expending their existing businesses, establishing or acquiring new businesses, obtaining skillful employment in hi-tech industries, or advancing their successful careers as engineers, scientist or athletes.

What are the ways for a businessman, inventor, scientist, nurse, engineer or a skillful worker to come to the US legally? There are two major categories, nonimmigrant visas and immigrant visas.

Nonimmigrant Visas

B-1: For people who plan to remain in the US for a specific period, usually six month, to participate in business activities of a commercial or professional nature, such as consulting with business associates, training, signing a contract, attending a conference, etc. B-1 visa-holders cannot be employed in the US if admitted on B-1 visa.

E-1 & E-2: These visas are for citizens of “treaty countries”. Russia is not a treaty country, and, thus, E visas are not available to Russian citizens. However, Armenia, Azerbaijan, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova and Ukraine are, and citizens of these countries may be eligible for either the E-1 or E-2 visas.

  1. E-1: allows a visa-holder to carry on substantial trade in goods and services, including services in technology, between the US and the foreign country of the visa-holder
  2. E-2: allows a visa-holder to direct operations of an enterprise in which the visa-holder has invested a substantial amount of money.

H-1B: People with at least bachelor degrees in “specialty occupations” (engineering, math, business, technology, etc.) may qualify. It is designed to allow US employers to recruit & employ foreign professionals for a specified period, usually from three to six years. H-1B visas are subject to a lottery.

L-1: For qualified employees of a foreign company to be relocated to the company’s US subsidiary or parent company. Qualified foreign companies may include for-profit, non-profit, religious, and charitable organizations.

O-1: For individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

P-1: Applies to internationally recognized athletes coming to the US to perform at a specific athletic competition at an internationally recognized level of performance. R-1: For religious workers coming to the United States to be employed as a minister or in another religious vocation or occupation.

Immigrant Visas

EB-1: Consists of three groups: 1. For persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants do not require employer’s sponsorship. 2. For professors and researchers who are recognized internationally who are coming to the US to pursue teaching or research at a university or other institution of higher education. 3. For multinational managers of overseas affiliate, parent, subsidiary, or branch of the US employer.

EB-2: Consists of two groups: 1. For professionals holding an advanced degree (masters and beyond), or a baccalaureate degree and at least five years progressive experience in the profession. 2. For persons with exceptional ability in the sciences, arts, or business.

EB-3: Consists of three groups: 1. For skilled workers, whose jobs require a minimum of two years training or work experience that are not temporary or seasonal. 2. For professionals, whose jobs require at least a baccalaureate degree from a US university or college or its foreign equivalent degree. 3. For unskilled workers filling positions that require less than two years training or experience that are not temporary or seasonal.

EB-5: For investors in new commercial enterprises in the US that provide job creation. A minimum investment is $1,000,000, or $500,000 if invested in a high-unemployment or rural area. No US employer’s sponsorship is required.

This was a very brief description of business immigration to the US, just enough to give you an idea what it is. Now, to receive more information and have a licensed attorney of Spektor & Tsirkin to assess your situation, please call us at +1 212-461-1355 or schedule an interview online at www.spetslaw.com.

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SPEKTOR & TSIRKIN, P.C.

Spektor & Tsirkin, P.C. is a full-service law firm with emphasis on IP and Technology Law.

40 Rector Street Suite 1502

New York NY 10006

1-212-461-1355

info@spetslaw.com

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