Visas for international businesses in the US

The United States offers several types of business visas for foreign nationals who wish to enter the country for business-related purposes. Atom Law Group is the immigration law firm to help with these matters. The main types of business visas are:

  • B-1 visa: The B-1 visa is for business visitors who wish to enter the United States for a short period of time to conduct business activities such as negotiating contracts, attending business meetings, and consulting with business associates.
  • E-1 and E-2 visas: The E-1 and E-2 visas are for treaty traders and investors, respectively, who are citizens of countries that have a treaty of commerce and navigation with the United States. These visas allow the holder to enter and stay in the United States to engage in substantial trade or to develop and direct the operations of an enterprise in which the holder has invested.
  • L-1 visa: The L-1 visa is for intracompany transferees, which allows a foreign national who has been employed by a foreign company for at least one year in the past three years to come to the United States to continue working for the same employer or a subsidiary.
  • H-1B visa: The H-1B visa is for specialty occupation workers, which allows a foreign national to come to the United States to work in a specialty occupation that requires a bachelor's degree or higher.
  • O-1 visa: The O-1 visa is for foreign nationals who possess extraordinary ability in the sciences, arts, education, business, or athletics and have been recognized nationally or internationally for those achievements.
  • EB-5 visa: The EB-5 visa is for investors who invest a minimum of $500,000 or $1,000,000 in a new commercial enterprise that creates or preserves at least ten jobs for U.S. workers. The investment amount figures can be different at the time of application depending on changing laws concerning this visa.

The eligibility, application process, and requirements vary for each type of visa. It's important to consult with legal counsel or a qualified immigration attorney to determine which type of business visa is appropriate for your situation and to ensure that the application is properly prepared and submitted.

An attorney can be extremely helpful when deciding which business visa is right for you, as they can guide you through the complex and ever-changing immigration laws and regulations. They can also assist you in understanding the requirements and qualifications for each type of visa and help you determine which visa is the best option for your specific situation.

Here are a few reasons why you should use an attorney when deciding which business visa is right for you:

Experience and expertise: Attorneys who specialize in immigration law have a thorough understanding of the various types of business visas available and can advise you on the most appropriate visa for your situation. They have experience with the application process and know what documentation and evidence are required for each type of visa.

Compliance with laws and regulations: Attorneys can help ensure that your application is in compliance with all applicable laws and regulations, which can reduce the risk of delays or denials.

Preparation and review of documents: Attorneys can assist in the preparation and review of documents, such as business plans, financial statements, and other supporting documentation, which are required for the visa application.

Representation in case of denial: If your visa application is denied, an attorney can help you understand the reasons for the denial and represent you in an appeal or motion to reconsider.

Updates on changes in laws and regulations: Attorneys stay updated with the constant changes in laws and regulations and can advise you on any new requirements or changes that may affect your visa application.

Overall, hiring an attorney for your business visa application can greatly increase your chances of success and can help you navigate the complex and ever-changing immigration laws and regulations.

B-1 Visa

The length of time a foreign national can stay in the United States on a B-1 visa depends on the individual circumstances of the trip and the discretion of the U.S. Customs and Border Protection (CBP) officer at the port of entry. Generally, the maximum stay on a B-1 visa is typically six months, but it can be shorter or longer depending on the purpose of the trip and the specific needs of the individual. The B-1 visa holder can apply for an extension of stay if they need more time to conduct their business activities.

It's important to note that the B-1 visa is a nonimmigrant visa, meaning it is for temporary stays, and the holder must have a residence outside the United States that they do not intend to abandon. The B-1 visa holder should not engage in any employment or study while in the United States and must maintain a foreign residence while in the U.S. Any violation of the terms of the visa can result in the revocation of the visa and the individual being barred from entering the United States in the future.

The United States offers several types of business visas for foreign nationals who wish to enter the country for business-related purposes. Atom Law Group is the immigration law firm to help with these matters. The main types of business visas are:

There are several activities that can cause a foreign national to lose their B-1 visa in the United States. Some of the most common reasons include:

  • Violating the terms of the B-1 visa:

    Engaging in activities that are not permitted under the B-1 visa, such as working without authorization or studying full-time, can result in the revocation of the visa.

  • Fraud or misrepresentation:

    Providing false information or documents or failing to disclose relevant information in the visa application process can result in the revocation of the visa.

  • Criminal activity:

    Engaging in criminal activity, such as drug trafficking or fraud, can result in the revocation of the visa and the foreign national being barred from entering the United States. 

  • Security concerns:

     If the foreign national poses a security risk or threat to the United States, their B-1 visa may be revoked.


  • Health-related grounds:

    A foreign national's B-1 visa may be revoked if they have a communicable disease or are found to be a drug abuser or addict.

  • Failure to depart:

    If a foreign national overstays their B-1 visa, they may be barred from entering the United States in the future and may face penalties.

It's important to note that the revocation of a B-1 visa can have serious consequences, such as being barred from entering the United States in the future. It's always recommended to consult with legal counsel or a qualified immigration attorney if you have any concerns about your visa status or if you are facing any issues related to your visa.

E Visa Requirements

The E visa is a non-immigrant visa category for treaty traders and treaty investors. To qualify for an E visa, the following requirements must be met:

  • Treaty trader or treaty investor:

    The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.

  • Engaging in substantial trade or investing:

    The applicant must be engaging in substantial trade between the United States and their home country or must be investing a substantial amount of capital in a new or existing enterprise in the United States. 

  • Principal trader or executive/supervisory role:

    The applicant must be a principal trader or an executive/supervisory employee of the company.

  • Intention to depart:

    The applicant must have a residence in their home country that they do not intend to abandon.

  • Admissibility:

    The applicant must not be inadmissible to the United States on security or criminal grounds.

  • Application process:

    The applicant must go through the visa application process and provide all the necessary documents and information requested by the U.S. Consulate.

It's important to note that the requirements for obtaining an E visa can vary depending on the specific treaty between the United States and the applicant's home country, and some treaties have additional or different requirements. It's recommended to consult with legal counsel or a qualified immigration attorney to ensure that you are aware of the specific requirements and to assist you in the visa application process.

L Visa Requirements

The L visa is a non-immigrant visa category for intracompany transferees, which allows foreign workers to transfer to a U.S. office of their current employer. To qualify for an L visa, the following requirements must be met:

  • Employer-employee relationship:

    The applicant must have been employed by the foreign company for at least one year in the past three years in an executive, managerial, or specialized knowledge capacity.

  • Parent, subsidiary, or affiliate:

    The applicant's U.S. employer must be a parent, subsidiary, or affiliate of the foreign company.

  • Intention to depart:

    The applicant must have a residence in their home country that they do not intend to abandon.

  • Job in the U.S.:

    The applicant must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity for the U.S. employer.

  • Admissibility:

    The applicant must not be inadmissible to the United States on security or criminal grounds.

  • Application process:

    The applicant must go through the visa application process and provide all the necessary documents and information requested by the U.S. Consulate. 

It's important to note that the L-1 visa has a subcategory for L-1A for managers and executives and L-1B for specialized knowledge workers.

EB-5 Visa 

The EB-5 visa is a program that allows foreign investors to obtain a green card by investing in a new commercial enterprise in the United States that creates or preserves at least ten full-time jobs for U.S. workers. To qualify for an EB-5 visa, the following requirements must be met:

  • Investment amount:

    The applicant must invest a minimum of $900,000, or $1,800,000 if the investment is made in a targeted employment area (TEA)

  • Job Creation:

    The investment must create or preserve at least ten full-time jobs for U.S. workers within two years (or within a reasonable time if the business is in a pre-approved regional center)

  • New Commercial Enterprise:

    The investment must be in a new commercial enterprise, which can be a new or existing business, a partnership, a holding company, or a corporation

  • Active involvement:

    The applicant must be actively involved in the management of the enterprise

  • Admissibility:

    The applicant must not be inadmissible to the United States on security or criminal grounds.

  • Application process:

    The applicant must go through the visa application process and provide all the necessary documents and information requested by the U.S. Citizenship and Immigration Services (USCIS) 

It's important to note that the EB-5 program has specific requirements related to investment, job creation, and the EB-5 regional center. Also, the EB-5 program has been subject to frequent legislative changes; it's highly recommended to consult with legal counsel or a qualified immigration attorney to ensure that the applicant is aware of the current requirements and to assist in the visa application process.

H1-B Visa

The H-1B visa is a nonimmigrant visa category that allows foreign workers to enter the United States to work in a specialty occupation that requires a bachelor's degree or higher. To be eligible for an H-1B visa, the following requirements must be met:

  • Specialty Occupation:

    The applicant must have a job offer in a specialty occupation, which is defined as a profession that requires a bachelor's degree or higher in a specific field.

  • Education or Work Experience:

    The applicant must have a bachelor's degree or higher in a related field or have work experience that is equivalent to a bachelor's degree.

  • Labor Condition Application (LCA):

    The employer must file a Labor Condition Application (LCA) with the Department of Labor, which attests that the employer will pay the prevailing wage and meet other labor conditions.

  • Admissibility:

    The applicant must not be inadmissible to the United States on security or criminal grounds.

  • Application process:

    The applicant must go through the visa application process and provide all the necessary documents and information requested by the U.S. Consulate or U.S. Citizenship and Immigration Services (USCIS).

  • Annual limits:

    There is an annual cap on the number of H-1B visas that can be issued, which is currently set at 85,000.

H1B visas are typically applied for during the annual H1B lottery, which usually happens during the first week of April. The lottery is used to select the H1B petitions that will be accepted for the fiscal year, which starts on October 1st of the next calendar year.