This workshop will cover various U.S. visa options for tech professionals, entrepreneurs and investors, including employment-based visas and the best visa options for starting your own company. We will also discuss the different challenges to getting visas to the U.S. and strategies for successfully overcoming these obstacles. We will close with a discussion on what changes we can expect with the Biden administration. The speaker will go over: 1) Visas for exploring business and employment opportunities in the United States 2) Visas for employment and investment, such as the E, H-1B, L-1 and O-1 and the advantages and disadvantages of each 3) An overview of the paths to permanent residence, including employment, family and investment 4) Common obstacles to obtaining a visa and how to overcome these obstacles 5) What to expect from the Biden administration and what that means for you and your visa options and more!

1. U.S. Visa Options for
International Tech
Entrepreneurs,
Investors &
Professionals.
Idea to IPO
October 26, 2021
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2. Overview
1. Visiting for Business
2. Working as an International Student
3. Temporary Employment-Based Visas
4. Avenues for Permanent Residence
5. Common Obstacles to Getting Your
Visa
6. COVID-19 Related Travel Restrictions
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3. B-1 / ESTA Business Visitors
BUSINESS VISITORS
▪ Cannot work or enter to look for
work, but can look at business
opportunities
▪ Can come for six months at a time
and apply at US Consulate
▪ Alternatively, there's the ESTA for
up to 90 days, no visa required
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4. Studying in the US (F-1)
WORKING AS AN INTERNATIONAL STUDENTS
▪ Curricular Practical Training (“CPT”)
during school
▪ Optional Practical Training (“OPT”):
One year of work authorization
granted at conclusion of program -
must have completed at least one
year of studies at an accredited
university.
▪ STEM OPT extension of 24 months**
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5. Temporary
Employment
Based Visas
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6. H-1B Visas for
High-Skilled
Workers
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7. Bachelor’s degree or
equivalent work
experience
Employer-employee
relationship
Higher of actual or
prevailing wage
Government Filing
Fees
Requirements
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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8. Wage Requirements
Prevailing Wage
▪ Average salary paid to all
similarly situated employees
(i.e. similar job duties,
experience, education, etc.) in
each geographic region as
determined by the
Department of Labor.
▪ DOL Salary Website
▪ Paid by the employer to US
workers
▪ In the same position
▪ At the same work site
▪ With similar experience and
qualifications
Required Wage:
Higher of the
Actual or
Prevailing
Actual Wage
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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9. Employer-Employee Relationship
USCIS gives specific examples of employment
situations that are acceptable:
Traditional Employment
The following
scenarios are not
acceptable:
▪ Self-Employed
Beneficiaries
▪ Independent
Contractors
▪ Third-Party
Placement/
"Job-Shop"
Temporary/Occasional Off-Site Employment
Long-Term/Permanent Off-Site Employment
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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10. Employer
Must Pay.
H-1B VISAS FOR HIGH-SKILLED WORKERS:
H-1B Filing Fees
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11. Base filing fee:
$460
Fraud Prevention
and Detection
fee:
▪ $500 to be submitted
with the initial H-1B
petition filed on behalf of
each beneficiary by a
petitioner (does not apply
to Chile/Singapore H-1B1
petitions)
American
Competitiveness
and Workforce
Improvement Act
of 1998 fee *
▪ $750 for employers
with 1 to 25 full-time
equivalent employees,
unless exempt
▪ $1,500 for employers
with 26 or more full-time
equivalent employees,
unless exempt
Premium
Processing fee
(Optional):
▪ $2,500 for employers
seeking Premium
Processing Service
Requirements
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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12. H-1B Cap
H-1B Visa Lottery:
Last week
of March*
*Ranking of
registrations by salary
levels proposed.
Cap
▪ 65,000 (of which 6,800 are
allocated to nationals of
Singapore and Chile)
§ + 20,000 additional visas
allocated to holders of
advanced degrees from U.S.
universities
▪ The Biggest Filers
▪ All Universities are cap exempt
▪ Some research organizations are
cap-exempt
▪ Extension, amendment and
portability petitions are exempt
(have you been counted in the
past and want to recapture
remaining time available?)
Cap Exempt
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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13. How Much Can They Work?
▪ Can work full-time or part-time
▪ Can hold dual/concurrent H-1Bs with
multiple employers
▪ Work is tied to sponsoring employer
▪ Cannot work for someone else without
authorization.
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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14. Duration ▪ Six-year maximum (granted in two three-
year increments)
▪ H-1B status can be extended past the six-
year maximum in certain situations.
Dependents ▪ Spouses and children under 21 may join H-
1B worker
▪ Cannot work**
▪ May study
Duration and Dependents
H-1B VISAS FOR HIGH-SKILLED WORKERS:
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15. L-1 Visa for
Intra-company
Transferees
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16. Opening a new
office in the U.S.
that is an
affiliate,
subsidiary, or
branch of an
entity abroad.
Coming to work
as an executive/
manager or
worker with
”specialized
knowledge.”
2
Employees are
eligible for
transferring to
the U.S. entity
after working
for one year at
the entity
abroad.
3
1
L-1 VISA FOR INTRA-COMPANY TRANSFEREES:
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17. L Visa Details
Filing Fee ▪ $460 Petition Fee
▪ $500 Anti-Fraud fee
▪ Optional $2,500 for premium processing
Duration ▪ 5 years max for L-1B specialized
knowledge workers
▪ 7 years max for L-1A for executives/
managers
Dependents
▪ Work authorization available
$960
L-1 VISA FOR INTRA-COMPANY TRANSFEREES:
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18. J-1 Visa for Trainees/Interns
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19. Unpaid internships are seen as employment so a visa is
needed.
J-1 Visa Details
! Internship (12 months): must be enrolled in
university abroad or have graduated from
university abroad no more than twelve months
before starting internship
! Traineeship (18 months): must have graduate
degree from university abroad plus one year of
related professional experience or five years of
related work experience abroad.
▪ Must show ties to home country and intent to return home
▪ Increased use of on-site visits.
J-1 VISA FOR TRAINEES/INTERNS
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20. E Visa for
Treaty Traders
& Investors
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21. E Visa Details
Must be a national of a treaty country (List of E
Countries)
The company must be at least 50% owned by
individuals/entities who/that are nationals of a
treaty country
[E-1] Trade must be significant with the U.S. (at least 50%)
[E-2] Investment must be substantial and for a real, operating enterprise
(not marginal and just for making enough money to live on).
E VISA FOR TREATY TRADERS AND INVESTORS
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22. E Visa Details
Filing Fee $270 at the US Consulate per
applicant
Duration Indefinite in two-year
increments
Dependents
Work authorization available
$270
E VISA FOR TREATY TRADERS AND INVESTORS
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23. O-1 Visa For
Individuals of
Extraordinary
Ability
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24. ▪ Sustained national or international acclaim in the sciences, arts,
education, business, or athletics.
▪ Coming to the United States to continue work in the area of
extraordinary ability.
▪ Employer specific, but can hold dual O-1s
Duration
3 years at first, renewable in one-year increments
indefinitely
Dependents
O-3 status; no work authorization
O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
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25. Evidence that the beneficiary has received a major, internationally-
recognized award, such as a Nobel Prize, or evidence of at least (3)
three of the following:
National or international
awardsin your field
Membership in associations that
require outstandingachievements
Published material about you or
your work
Important and original
contributions
Scholarlyarticles Ahigh salary
Beingaskedto judge the
workof others in yourfield
Employment in acritical rolefor
established organizations
Evidentiary Criteria
O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
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26. Visas for Specific Nationals
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27. E-3 Visa for Australian Nationals
Duration 2-year validity; renewable
indefinitely
Dependents Spouses may apply for
employment authorization
▪ High-skilled Worker Visa for Australian citizens only
▪ 10,500 available per year
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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28. TN Visa for Canadians & Mexicans
Duration Three year stay, renewable
indefinitely
Dependents
TD status; no work authorization
▪ Must be nationals of either Canada or Mexico
▪ Coming to U.S. to work in profession listed on NAFTA schedule
▪ No prevailing wage requirement
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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29. H-1B1 Visa for Chileans and Singaporeans
Duration One-year validity;
renewable indefinitely
Dependents Spouses are not eligible for
employment authorization
▪ High-skilled Worker Visa for Chilean and Singaporean nationals only
▪ 5,400 H-1B1 visas for Singaporeans & 1,400 for Chileans
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS
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30. Avenues for Permanent Residence
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31. Avenues for Permanent Residence
Employment-Based
Family-Based
Diversity Visa Lottery
Asylum (One-year requirement unless exceptional circumstances)
Investment-Based ($1.8 Million GC)
**Can obtain citizenship five years after obtaining permanent residence; spouses of US
citizens can apply after three years of permanent residence.
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32. Common Obstacles
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33. Limitations
▪ Two-year home residency requirement for J-1s.
▪ Previous overstays of more than 180 days.
▪ Bad Memory:
Fingerprint checks can discover many things and then you could be
charged with wilful misrepresentation.
▪ Criminal Record:
If you have been arrested and/or convicted anywhere in the world, this
will affect processing times and visa eligibility. Also, speak with an
immigration attorney before pleading to any crime in the U.S.
COMMON OBSTACLES
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34. COVID-19 and Travel
Restrictions
Brazil
China
India
Iran
European Schengan
Area
(Austria, Belgium, Czech
Republic, Denmark,
Estonia, Finland, France,
Germany, Greece,
Hungary, Iceland, Italy,
Latvia, Liechtenstein,
Lithuania, Luxembourg,
Malta, Netherlands,
Norway, Poland,Portugal,
Slovakia, Spain, Sweden,
Switzerland, Monaco,San
Marino, Vatican City)
United Kingdom
(England, Scotland,
Wales, Northern Ireland)
Republic of Ireland
South Africa
Travel restrictions will lift on
November 8, 2021, for fully
vaccinated travelers.
For now, with specific exceptions, foreign
nationals who have been in any of these 33
countries during the past 14 days may not
enter the United States.
COMMON OBSTACLES
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35. Podcast series: Inside Immigration
12 Episodes.
Covering the different visa categories,
and interviews with government
officials, experts, and clients.
Subscribe on iTunes
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36. Please stay in touch!
Specializing in Immigration Law since 2000.
510.422.2295
nadia@nadiayakooblaw.com
www.nadiayakooblaw.com
Nadia Yakoob
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