NON-IMMIGRANT VISAS
Non-immigrant visas are for temporary visitors who intend to visit the U.S. for a specified type of activity or activities.
A. B-1 Business Visitor
The business visitor to the U.S. from China must first obtain a B-1 (business visitor) visa at the closest U.S. consulate general prior to coming to the U.S. While business visitors from many of the trading partner nations of the U.S. are able to come without a visa using the Visa Waiver Program, the Peoples’ Republic of China is not yet one of the countries on the Visa Waiver Program list.
B. Other Business Visas
An investor who is planning to establish a business presence in the U.S. must apply for an L-1 intracompany transferee visa or an H-1B specialty occupation visa. The H-1B visa is limited to those who have a bachelor’s degree or higher in a specialty occupation or profession and who plan to fill a position that generally requires such a bachelor’s degree or higher.
In comparison, a citizen of a country with which the U.S. has entered into a Treaty of Friendship Commerce and Navigation can also consider applying for an E-1 Treaty Trade or E-2 Treaty Investor visa. These visas are available to natives of treaty countries who have engaged in substantial trade between the U.S. and their country (E-1) or who have made a substantial investment in the U.S. in order to start a business (E-2). Without access to the E visas, a Chinese investor will be limited to the B-1 visa for short term business visits, the H-1B visa if filling a professional position, or the L-1 if the investor has a company in China and will establish a subsidiary or sister company in the U.S.
The requirements for the L-1 Executive or Manager are very similar to those for the Multinational Executive Green Card as discussed above. A manager or executive assigned to a U.S. affiliate or office that has been in existence for over a year will probably be issued an L-1A visa for three years. However, if the U.S. company has not been in existence for more than a year, the first L-1 will be approved for only one year.
A. B-1 Business Visitor
The business visitor to the U.S. from China must first obtain a B-1 (business visitor) visa at the closest U.S. consulate general prior to coming to the U.S. While business visitors from many of the trading partner nations of the U.S. are able to come without a visa using the Visa Waiver Program, the Peoples’ Republic of China is not yet one of the countries on the Visa Waiver Program list.
B. Other Business Visas
An investor who is planning to establish a business presence in the U.S. must apply for an L-1 intracompany transferee visa or an H-1B specialty occupation visa. The H-1B visa is limited to those who have a bachelor’s degree or higher in a specialty occupation or profession and who plan to fill a position that generally requires such a bachelor’s degree or higher.
In comparison, a citizen of a country with which the U.S. has entered into a Treaty of Friendship Commerce and Navigation can also consider applying for an E-1 Treaty Trade or E-2 Treaty Investor visa. These visas are available to natives of treaty countries who have engaged in substantial trade between the U.S. and their country (E-1) or who have made a substantial investment in the U.S. in order to start a business (E-2). Without access to the E visas, a Chinese investor will be limited to the B-1 visa for short term business visits, the H-1B visa if filling a professional position, or the L-1 if the investor has a company in China and will establish a subsidiary or sister company in the U.S.
The requirements for the L-1 Executive or Manager are very similar to those for the Multinational Executive Green Card as discussed above. A manager or executive assigned to a U.S. affiliate or office that has been in existence for over a year will probably be issued an L-1A visa for three years. However, if the U.S. company has not been in existence for more than a year, the first L-1 will be approved for only one year.